Londonderry [site plan review regulations | subdivision regulations | zoning ordinance]
7.06 ACTION of the BOARD:
d. Approved site plans shall be protected from future changes in regulations and ordinances in accordance with NH RSA § 674:39 as summarized by the following:
1. Every site plan approved by the planning board shall be exempt from all subsequent changes in site plan regulations and zoning ordinances adopted by the Town of Londonderry, except those regulations and ordinances which expressly protect public health standards, such as water quality and sewage treatment requirements, for a period of 4 years after the date of certification of the site plan by the Planning Board; provided, however, that once substantial completion of the improvements as shown on the plans have occurred in compliance with the approved plans, or the terms of said approval or unless otherwise stipulated by the planning board, the rights of the owner or the owner's successor in interest shall vest and no subsequent changes in site plan regulations or zoning ordinances shall operate to affect such improvements; and further provided that:
i. Active and substantial development or building has begun on the site by the owner or the owner's successor in interest in accordance with the approved plans within 12 months after the date of approval (certification by the Planning Board), or in accordance with the terms of the approval, and, if a bond or other security to cover the costs of roads, drains, or sewers is required in connection with such approval, such bond or other security is posted with the Town, at the time of commencement of such development;
ii. The development remains in full compliance with the public health regulations and ordinances of the Town of Londonderry; and
iii. At the time of approval (certification of the plans by the Planning Board), the site plan conforms to the site plan regulations, and zoning ordinances then in effect at the site of such plan.
2. For purposes of these regulations, "active & substantial development" shall be defined as:
i. Construction of and/or installation of basic infrastructure to support the development (including all of the following: foundation walls and footings of proposed buildings; roadways, access ways, parking lots, etc. to a minimum of gravel base; and utilities placed in underground conduit ready for connection to proposed buildings/structures) in accordance with the approved plans; and
ii. Construction and completion of drainage improvements to service the development (including all of the following: detention/retention basins, treatment swales, pipes, underdrain, catch basins, etc.) in accordance with the approved plans; and
iii. All erosion control measures (as specified on the approved plans) must be in place and maintained on the site; and
iv. Items i, ii, and iii shall be reviewed and approved by the Town Department of Public Works or designated agent.
Movement of earth, excavation, or logging of a site without completion of items i, ii, iii, & iv, above, shall not be considered "active and substantial development." Plans approved in phases shall be subject to this definition for the phase currently being developed. The Planning Board may, for good cause, extend the 12-month period set forth in 7.06.d.1.i.
2.06 FORMAL APPLICATION SUBMISSIONS AND PROCEDURES:
Q. Approved subdivisions shall be protected from future changes in regulations and ordinances in accordance with NH RSA § 674:39 as summarized by the following:
1. Every subdivision approved by the planning board shall be exempt from all subsequent changes in subdivision regulations and zoning ordinances adopted by the Town of Londonderry, except those regulations and ordinances which expressly protect public health standards, such as water quality and sewage treatment requirements, for a period of 4 years after the date of certification of the subdivision by the Planning Board; provided, however, that once substantial completion of the improvements as shown on the plans have occurred in compliance with the approved plans, or the terms of said approval or unless otherwise stipulated by the planning board, the rights of the owner or the owner's successor in interest shall vest and no subsequent changes in site plan regulations or zoning ordinances shall operate to affect such improvements; and further provided that:
i. Active and substantial development or building has begun on the site by the owner or the owner's successor in interest in accordance with the approved plans within 12 months after the date of approval (certification by the Planning Board), or in accordance with the terms of the approval, and, if a bond or other security to cover the costs of roads, drains, or sewers is required in connection with such approval, such bond or other security is posted with the Town, at the time of commencement of such development;
ii. The development remains in full compliance with the public health regulations and ordinances of the Town of Londonderry; and
iii. At the time of approval (certification of the plans by the Planning Board), the subdivision conforms to the subdivision regulations, and zoning ordinances then in effect at the site of such plan.2. For purposes of these regulations, "active & substantial development" shall be defined as:
i. Construction of and/or installation of basic infrastructure to support the development (including all of the following: at least 1 building foundation wall/footing, roadways, access ways, etc. to a minimum of gravel base; and utilities placed in underground conduit ready for connection to proposed buildings/structures) in accordance with the approved plans; and
ii. Construction and completion of drainage improvements to service the development (including all of the following: detention/retention basins, treatment swales, pipes, underdrain, catch basins, etc.) in accordance with the approved plans; and
iii. All erosion control measures (as specified on the approved plans) must be in place and maintained on the site; and
iv. Items i, ii, and iii shall be reviewed and approved by the Town Department of Public Works or designated agent.Movement of earth, excavation, or logging of a site without completion of items i, ii, iii, & iv, above, shall not be considered "active and substantial development." Plans approved in phases shall be subject to this definition for the phase currently being developed. The Planning Board may, for good cause, extend the 24-month period set forth in 2.06.M.
1.3 Residential Development Phasing
1.3.1 Authority
Pursuant to the provisions of the New Hampshire RSA 674:21, the Town of Londonderry adopts the following phasing standards for residential development, to be administered by the Planning Board in conjunction with the Londonderry Subdivision Regulations.1.3.2 Purposes
The purposes of this Section of the Zoning Ordinance are as follows:1.3.2.1 To guide efforts by the Town to monitor, evaluate, plan for and guide residential growth in Londonderry that is consistent with the Town's capacity for planned, orderly, and sensible expansion of its services to accommodate such development without establishing absolute limits on the overall growth rate of the community;
1.3.2.2 To provide for the current and future housing need of existing residents and their families;
1.3.2.3 To phase in or control the implementation and development of tracts of land and future subdivisions thereon, at a rate which will be compatible with the orderly and gradual expansion of community services, including but not limited to education, fire protection, road maintenance, waste disposal, police protection and recreation; and
1.3.2.4 To provide a mechanism to allow for phased development of residential projects to manage the impact on municipal services.1.3.3 Phasing Of Developments
A phasing plan shall be submitted for Planning Board approval for all residential developments of more than fifteen (15) lots or dwelling units (unless exempted under §1.3.4), and at the applicant's option may be submitted for smaller developments. Such plans shall comply with the following phasing requirements:1.3.3.1 For development proposed under the provisions of Section 3.3 Planned Residential Development: twenty five (25) dwelling units per year from the date of final approval;
1.3.3.2 For development located in the R-III district: Two (2) multi-family buildings, the total number of dwelling units not to exceed forty eight (48) per year from the date of final approval;
1.3.3.3 For other residential development proposed to be serviced with public water and public sewerage, and proposing no dwelling structures within 200 feet of a street other than one created by that development: twenty (20) dwelling units per year from the date of final approval;
1.3.3.4 For all other residential developments: fifteen (15) dwelling units per year from the date of final approval.1.3.4 Exemptions from Phasing
The Planning Board shall grant exemption to the phasing requirements of Section 1.3.3 under the following condition: The proposed project is for Elderly Housing as defined in Section 4.7. The owner of record shall enter an agreement, to be filed in the Rockingham County Registry of Deeds, certifying that the project will be utilized and restricted to 100% elderly occupants (age 55 and older).