Town of Wilton, NH

Site Plan Regulations

2.0 Definitions

Terms, whether or not capitalized, used in these regulations or the Site Plan Review Application Form, but not defined in this Chapter 2 or elsewhere in these regulations, have the meanings set forth in Chapter 3 of the Zoning Ordinance of the Town of Wilton (as it may from time to time be amended or modified, the “Zoning Ordinance”). References to “Chapters” or “Sections” in these regulations, without further identification, are to the Chapters and Sections of these regulations.

2.0.1 Abutter.

Any person identified in RSA 672:3 as an abutter for purposes of notification, as well as any person, other than the applicant, identified in RSA 676:4 I (d) (1), and including, without limitation, any person whose property adjoins or is directly across a road, any right-of-way (including a railroad right-of-way) or a stream from the land on which development is proposed. For purposes of receiving testimony only, and not for purposes of notification, the term "abutter" shall include any owner or renter who is able to demonstrate that the use or ownership of land will be directly affected by the proposal under consideration.

2.0.2 Active and Substantial Development.

The first threshold of development, to be completed within 24 months after the date of approval of a site plan, to be agreed by the applicant and the Board, and normally defined by milestones relating to structures, roads, utilities, etc.

2.0.3 Applicant.

The owner of record of the parcel on which development is proposed, unless another party with an interest in the property or the development is appropriately the applicant. An applicant may be represented before the Board and in the site plan review process by one or more duly authorized agents.

2.0.4 Application, Approved.

A Complete Application that meets the requirements of these regulations and satisfies all criteria of good planning and design, as determined by the Board after a public hearing and submission of any additional information it has requested. An Approved Application is thereafter subject to the provisions of RSA 674:39.

2.0.5 Application, Complete.

An application for site plan review (a) including the information and supporting documents required by Section 3.3 and (b) accompanied by all fees and other payments required by these regulations, as determined by the Board at a public meeting in accordance with State law and these regulations.

2.0.6 As-built Plans.

Plans reflecting the actual construction and completion of permitted or required improvements to or on a lot, in such detail and as otherwise requested by the Board in connection with an application, whether as a condition to the release of a performance guarantee or otherwise.

2.0.7 Buffer.

An area within a property or site, generally adjacent to and parallel with the property line, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to limit continuously the view of and/or sound from the site to adjacent sites, properties or roads.

2.0.8 Certified Soil Scientist.

A person who by reason of special knowledge and experience is qualified to practice soil science and who has been duly certified by the board of natural scientists under RSA 310-A:75.

2.0.9 Cistern.

A tank for storing water, especially one that adequately supplies water for fire suppression, in accordance with the requirements of Section I of the Wilton Land Use Laws and Regulations, as it may from time to time be amended or modified.

2.0.10 Construction Activity.

The demolition, construction or reconstruction of structures, roads, trails, driveways, parking areas, bridges, drainage systems, etc., on sites, public or private, located in Wilton, and all activity preparatory or incidental to any such activity, including, without limitation, clearing, excavation, grading, filling, soil compaction, stockpiling topsoil and any other activity that disturbs the terrain.

2.0.11 Consulting Engineer.

The duly designated engineer for the Town of Wilton.

2.0.12 Designated Representative.

The planning professional designated from time to time by the Board to review and make recommendations with respect to applications, changes thereto, and their progress through the Board’s consideration process.

2.0.13 Development.

A proposed project involving alteration of terrain, change of use or construction, extraction, enlargement or other exterior changes on, of or to a property or portion thereof, including, without limitation, Construction Activity, but not including Construction Activity related to a single-family residence and its use solely as such, unless it (a) is proposed to take place on a lot (i) located wholly or partially within the Aquifer Protection Overlay District or Watershed District or (ii) that includes any slopes of 20 percent or greater, or (b) involves the addition of impervious surface that would, together with all other pre-existing impervious surface on the property, constitute 30% or more of the total area of the lot.

2.0.14 Disturbed Area.

An area where action that alters the terrain, existing vegetation and/or the soil on a site, including, without limitation, Construction Activities, will take place.

2.0.15 Driveway.

A paved or unpaved area used for vehicular ingress or egress from, or to, a public right-of-way from, or to, one or more buildings or other structures or facilities, and including, for their entire length, common driveways or private roads serving more than one residence or address.

2.0.16 Dwelling Unit.

One or more living or sleeping rooms arranged for the use of one or more individuals living as a single-family housekeeping unit, with cooking, living, sanitary and sleeping facilities.

2.0.17 Easement.

A right-of-way granted, but not dedicated, for limited use of private land by another party and within which the owner of the property shall not erect any permanent structures.

2.0.18 Engineer.

The applicant’s duly designated engineer, who shall be licensed by the State of New Hampshire.

2.0.19 Erosion.

The detachment and movement of soil or rock fragments by water, wind, ice, or gravity.

2.0.20 Frontage.

The continuous length of a lot bordering on the public right-of-way providing the principal route of access to a lot, subdivision or other types of development.

2.0.21 Gross Floor Area (GFA).

The total floor area of a building or structure within exterior walls, including floor area on each level of a structure.

2.0.22 Grading.

Any excavating, grubbing, filling (including hydraulic fill), or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.

2.0.23 High Intensity Soil Survey.

A soils map of a parcel of land being considered for development on a perimeter survey conducted by a Certified Soil Scientist in accordance with Section 10.2.

2.0.24 Home Occupation.

A commercial business, operated in a building, that is incidental and subordinate to the use of the building or lot for residential purposes in compliance with the criteria established for home occupations in the Zoning Ordinance.

2.0.25 Impervious Surface.

Any manmade surface that prevents or significantly impedes infiltration of stormwater or other runoff, including, without limitation, structures, rooftops, artificial turf, paved roads, driveways, parking areas and trails (or those constructed with compacted soil or gravel) and other outdoor areas to the extent constructed with non-porous materials.

2.0.26 Land Use Administrator.

The professional employed from time to time by the Town to advise and provide information to potential applicants and others seeking review of a project or question by a Wilton Land Use Board.

2.0.27 Lot, Tract or Parcel.

A single area of land defined by metes and bounds or boundary lines as shown in a recorded deed or on a recorded plat.

2.0.28 Notice of Approval (or Notice of Decision).

A document, in substance acceptable to the Board and in form suitable for recording in the Hillsborough County Register of Deeds, (a) reciting the approval of an identified site plan by the Board, (b) the date of the approval, (c) the lot(s) the subject thereof, (d) a brief summary of the reason for the review, (e) the facts that form the basis for the decision of the Board, as required from time to time by applicable State law, (f) attaching copies of any variances, special exceptions or other local approvals relating to or required by the development and (g) to the extent the plat is not being recorded with the Notice of Approval, a statement that the plat included with the application, setting forth all agreements, understandings, notices and other information pertinent to the approval, is on file in the Land Use Administrator’s office and is binding upon any person or entity with, or in the future having, an interest in the affected property.

2.0.29 Performance Guarantee.

Any security such as a bond, irrevocable letter of credit or other sufficient security that may be accepted by the municipality as a guarantee that the improvements required as part of or in connection with, an approved plat and the development contemplated thereby are satisfactorily completed.

2.0.30 Plat.

A map, plan, drawing or chart on which a site plan is presented pursuant to an application.

2.0.31 Public Right-of-way.

Public right-of-way shall have the meaning set forth in Chapter 3 of the Zoning Ordinance, as it may from time to time be amended or modified, provided, that if the public right-of-way is a private road, it need not have been offered to the Town for acceptance as a town road.

2.0.32 Road.

Any road, street, avenue, alley highway, lane, trail, public right-of-way or other thoroughfare proposed or used for vehicular traffic, including all of the land within the right-of-way.

2.0.33 Road Agent.

The duly designated Road Agent from time to time for the Town of Wilton.

2.0.34 Roadway.

The finished surface designed and prepared for vehicular traffic.

2.0.35 Secretary.

The individual designated from time to time by the Board to direct and administer the site plan review application process for the Board.

2.0.36 Sediment.

Solid material, either mineral or organic, in suspension that is transported, or has been moved from its site of origin by erosion.

2.0.37 Site Plan.

A plan for the development of property, other than for the subdivision of land, to be reviewed and approved by the Board as required from time to time by the Zoning Ordinance and these regulations before any development may take place.

2.0.38 Site Plan, Major.

The site plan required for (a) commercial, industrial and/or mixed-use development on a site (other than a home occupation), (b) development of a residential building (i) including three or more dwelling units or (ii) involving the construction of any road, (c) involving creation of impervious surface that will, together with any existing impervious surface on the site, exceed the lesser of (i) 10% of the area of the site or (ii) 30,000 square feet, or (d) any other development that requires a Stormwater Application.

2.0.39 Site Plan, Minor.

The site plan required for development involving minor changes to the exterior of a structure (or minor changes in use) of existing commercial, industrial and/or mixed-use property, and for other purposes (other than a home occupation) that require site plan review but do not require a major site plan.

2.0.40 Soil Erosion and Sediment Control Plan.

A plan that includes, without limitation, a narrative description and a graphic depiction to minimize soil erosion and sedimentation resulting from development. To the extent a Stormwater Application is required to be submitted with a Site Plan Review Application, a required Soil Erosion and Sediment Control Plan may be included therein and not duplicated.

2.0.41 Stormwater Application.

The application required to be submitted to the Board for approval of, among other things, a stormwater management plan described therein, as set forth in the Stormwater Management Regulations.

2.0.42 Stormwater Management Regulations.

Section H of the Wilton Land Use Laws and Regulations, as it may from time to time be amended or modified.

2.0.43 Substantial Completion.

The threshold for completed development to be agreed by the applicant and the Board, normally defined by the issuance of building permits, certificates of occupancy, or similar milestones.

2.0.44 Surveyor.

The applicant’s duly designated surveyor, who shall be licensed by the State of New Hampshire under RSA 310-A:53.