TOWN OF ROXBURY
SUBDIVISION REGULATIONS


9.08 PLANNED UNIT DEVELOPMENT

     The standards and requirements of these regulations may be modified
by the Board in the case of a plan and program for a new town, a
complete community or a neighborhood unit which in the judgement of the
Planning Board provides adequate public spaces and improvements for the
circulation, recreation, light, air, and service needs of the tract when
fully developed and populated and which also provides such covenants or
other legal provisions as will assure conformity to and achievement of
the plan.

     A.PURPOSE To further the public health, safety, morals and general
welfare in an era of increasing urbanization and of growing demand for
housing of all types and design; to encourage innovations in residential
development and renewal so that the growing demands for housing may be
met by greater variety in type, design and layout of dwellings and by
the conservation and more efficient use of open space ancillary to said
dwellings; to encourage a more efficient use of land and of public
services, or private services in lieu of, and to reflect changes in the
technology of land development so that resulting economies may ensure to
the benefit of those who need homes; and, in aid of these purposes, to
provide a procedure which can relate in type, design and layout of
residential development to the particular site and the particular demand
for housing at the time of development in a manner consistent with the
preservation of the property values within established residential
areas, and to insure that the increased flexibility of substantive
regulations over land development authorized herein is subject to such
administrative standards and procedures as shall encourage the
disposition of proposals for land development without undue delay.

     B.PERMITTED USES - Dwelling units in detached, semi-detached or
multi-storied structures or any combination thereof as permitted in the
Zoning Ordinance.

     C.DENSITY - The Board, in accordance with the Zoning ordinance, may
vary the density or intensity of land use, otherwise applicable to the
land within the planned unit residential development in consideration
of: 1. the amount location and use of common open space; 2. the location
and physical characteristics of the site of proposed planned residential
development and, 3. the location, design and type of dwelling units
Except that the total density of land use within the planned unit
development shall not exceed that which would be allowed by the Zoning
Ordinance for the entire development, if all the land involved was to be
developed in the conventional manner of dividing the entire tract into
individual lots.

                                  PAGE

In the case of a planned unit residential development proposed to be
developed over a period of years, such standards may, to encourage the
flexibility of housing density, design and type intended by this
chapter, authorize a deviation in each section to be developed from the
density, or intensity of use, established for the entire planned unit
residential development. The Board may allow for a greater concentration
of density, or intensity of land use, within some section or sections of
development, whether it be earlier or later in the development than upon
others. The approval by the Board of a greater concentration in any
completed prior stage or by an appropriate reservation of common open
space on the remaining land by a grant of easement or by covenant in
favor of the municipality,provided that such reservation shall, as far
as practicable, defer the precise location of such common open space
until an application for final approval is filed, so that flexibility of
development which is a prime objective of this chapter, can be
maintained.

     D.COMMON OPEN SPACE - Any common open space resulting from the
application of standards for density, or intensity of land use, set
aside for the use and benefit of the residents in such development shall
include provisions by which the amount and location of any common open
space shall be determined and its improvement and maintenance for common
open space use be secured, subject, however, to the following:

      1. The municipality may, at any time and from time to time, accept
the dedication of land or any interest therein for public use and
maintenance, but shall not require as a condition of the approval of a
planned unit residential development, that the land proposed be set
aside for common open space be dedicated or made available for public
use. If the Town does not wish to accept the common land, the landowner
shall provide for and establish an organization for the ownership and
maintenance of any common open space and such organization shall not be
dissolved nor shall it dispose of any common open space, by sale or
otherwise (except to the organization conceived and established to own
and maintain the common open space.)

     2. In the event the organization established to own and maintain
common open space, or any successor organization, shall at any time
after establishment of the planned unit residential development fail to
maintain the common open space in reasonable order, meaning in a manner
which is not detrimental to the health, safety welfare, and preservation
of property values, and in accordance with the plan, the Town Attorney
shall serve written notice upon such organization or upon the residents
of the planned unit residential development setting forth the manner in
which the organization has failed to maintain the common open space in
such reasonable condition, and said notice shall include a demand that
such deficiencies of maintenance be cured within thirty (30) days
thereof. The residents of the planned unit development, upon receipt of
said notice, may demand a hearing before Town Council to be held within
(14) fourteen days of receipt of said notice to request modifications in
the terms of the notice. At such hearing, the municipality may modify
the terms of the original notice as to

                                  PAGE

the deficiencies and may give an extension of time within said thirty
(30) days or any extension thereof. The municipality, in order to
preserve the taxable values of the properties within the planned unit
development and to prevent the open space from becoming a public
nuisance, may enter upon said common open space and maintain the same
for a period of one (1) year. Said entry and maintenance shall not vest
in the public any rights to use the common open space except when the
same is voluntary dedicated to the public by the owners. Before the
expiration of said year, the municipal authority shall, upon its
initiative of upon the request of the organization theretofore
responsible for the maintenance of the common open space, call a public
hearing upon notice to the organization, or to the residents of the
planned unit development, to be held by the municipal authority at which
hearing such organization or the residents of the planned unit
residential development shall show cause why such maintenance by the
municipality shall not, at the election of the municipality, continue
for a succeeding year. If the municipal authority shall determine that
such organization is ready and able to maintain said common open space
in reasonable condition, the municipality shall cease to maintain said
common open space at the end of the said year. If the municipal
authority shall determine such organization is not ready and able to
maintain said common open space in a reasonable condition, the municipal
authority may, in its discretion, continue to maintain said common open
space during the next succeeding year and subject to a similar hearing
and determination in each year afterward. The decision of the municipal
authority in any such case shall constitute a final administrative
decision subject to review in accordance with the provisions of RSA 31:77

     3. The cost of such maintenance by the municipality shall be
assessed ratably against the properties within the planned unit
residential development that have a right of enjoyment of the common
open space and shall become a lien on said properties in a total amount
equal to 100% of the cost of said maintenance. The municipality, at the
time of entering upon said common open space for the purpose of
maintenance shall file a notice of such lien in the office of the Town
Clerk upon properties affected by such a lien within the planned unit
residential development.

     E.MINIMUM NUMBER OF ACRES - The Board shall not authorize a planned
unit development that contains less than six (6) acres.

This section 9.09 replaces the previous section 9.09 of
the Roxbury Subdivision Regulations, in its entirety as of March 13, 1990.

SECTION 9.09 SPECIAL FLOOD HAZARD AREAS

     All subdivision proposals and proposals for other development
governed by these regulations having lands identified as Special Flood
Hazard Areas in the "Flood Insurance Study for the Town of Roxbury, NH."
together with the associated Flood Insurance Rate Maps and Flood
Boundary and Floodway Maps of the Town of Roxbury, dates April 15, 1980,
shall meet the following requirements:

    a. All requirements imposed by the Roxbury Floodplain Development
Ordinance as approved March 13, 1990 as part of the Roxbury Zoning
Ordinance.

                                  PAGE


SECTION 10 - REQUIRED CONSTRUCTION IMPROVEMENTS

10.01 The developer shall be financially responsible to the Town for all
clearing, grading, drainage, graveling, surface pavement, loaming and
seeding within the rights-of-way, and for the installation of the
required improvements. The following improvements shall be installed and
constructed by the subdivider to the satisfaction of the engineer, and
such improvements shall be made before submission of the final plat, or
the subdivider, together with the final plat, shall file a bond
sufficient to cover the cost of the improvements.

a. Monuments constructed of concrete or stone at least four (4) inches
on the top and at least (30) inches long shall be set at all block
corners. Two bench marks of the same description as the monuments shall
be set at opposite ends of the subdivision whose tops are at the even
foot in reference to the USGS datum plane.

b. Pipes shall be set at all lot corners. Concrete or granite bounds
shall be set at all points of curvature and all points of tangent for
surveying purposes.

c. The roadway or traveled way exclusive of grass strip and sidewalk
areas shall have a width of at least twenty (20) feet.

d. The roadway shall be constructed in accordance with the following
specifications: