Purpose: this section establishes procedures and standards for the use of flexible zoning standards for residential development. This section relieves residential developments subject to a common plan of development from rigid zoning requirements, but also establishes higher standards for open space and building design.
(a) Applicability
(1) This section applies to developments using a planned residential concept for mixed residential, commercial, institutional and other uses which are subject to the dimensional and density regulations of this section and not those of §16-27 of this Chapter.
(2) The tract shall be at least ten (10) contiguous acres, and may include parcels separated by existing public roads. Existing, intervening public roads shall not count toward tract size.
However, proposed dedications for future public roads shall not be discounted from tract size.
(3) This Section does not apply to those planned residential developments which have received aldermanic approval prior to passage of this Chapter. However, modifications to the approved concept plan may be authorized by the Planning Board provided the original intent of the concept plan is adhered to specifically regarding:
A. Maximum number of dwelling units, non-residential development, and total building and parking lot site coverage.
B. Total recreational space/facilities being provided.
C. Preservation of natural features.
D. Compliance with any density bonus provisions.
(b) Permitted uses
The following uses are permitted within a PRD:
(1) Single-family detached, duplex, or multifamily dwellings.
(2) Community facilities as listed in the table of use regulations shall be permitted as well as membership clubs under controlled use of the residents of the planned residential development, recreational membership clubs and facilities open to both residents and the public, and public recreation or open space.
(3) Commercial retail and service establishments as allowed in Local Business (LB) District.
(4) A maximum of three (3) percent of total land area at any one (1) time (excluding land area devoted to private day nurseries or kindergarten facilities) may be devoted to Commercial uses, including required off-street parking, whenever the proposed development consists of a minimum of at least one hundred (100) acres.
Division 3, Overlay Districts
(c) Procedures
(1) The applicant shall submit a concept plan for the entire tract of the planned residential development. The Concept plan shall include the information required by Article X, Division 2.
(2) Submission and review
A. Only parcels with natural features and amenities including, but not limited to, wetlands and slopes that have not been intentionally altered to circumvent the purpose of this section shall be eligible for approval.
B. Prior to the official submission of a general concept plan to the city, the developer shall hold preliminary review sessions with the Administrative Officer to solicit his comments and recommendations.
C. Upon completion of the Administrative Officer review sessions, the applicant shall submit the concept plan to the city clerk for inclusion on the Board of Aldermen agenda. The plan will then be referred to the aldermanic planning and economic development committee and the Planning Board, before they act on the proposal. The aldermanic planning and economic development committee will hold a public hearing, notice of which shall be provided by publication in a newspaper having general circulation in the city not less than fifteen (15) days, prior to such hearing. As a condition of approval, the Board of Aldermen may require the reasonable phasing of a development in order to minimize its impact on existing municipal facilities. This phasing shall allow sufficient time for any expansions or improvements to municipal facilities as may be necessary to accommodate the planned residential development. All proposed recreational improvements shall be phased to coincide with the phasing of the total project development schedule. On hundred (100) percent of all nonresidential uses shall be constructed prior to the approval by the Planning Board of the final fifteen (15) percent of the total number of residential units.
D. Upon approval of the concept plan, approval from the Planning Board shall be required for each phase or structure to be built. Such review shall conform to the site plan and/or subdivision regulations of this Chapter.
E. Failure to begin construction of a planned residential development within one (1) year of its approval by the Board of Aldermen shall result in such approval being null and void unless an extension has been granted by the Board of Aldermen.
F. A current list of all property owners, their addresses, and zip codes, which abut the development shall be provided to the Planning Board, and the Planning Board shall provide notice of schedule public input meetings related to the proposed development.
Article III, Zoning Land Use Code • City Of Nashua, New Hampshire Division 3, Overlay Districts
(d) Dimensional standards (1) Density
The total number of dwelling units within the planned residential development shall be no more than three and eight-tenths (3.8) units per acre of net developable land plus incentives as provided in subsection (2), below. "Net developable land" shall mean total tract acreage minus the sum of:
A. Fifty (50) percent of acreage defined as wetlands (as determined in accordance with Article III, Division 10) and acreage within the one-hundred-year floodplain (as determined in accordance with Article III, Division 6).
B. Seventy-five (75) percent of acreage encompassed by topography having slopes of twenty (20%) percent or greater. This subtraction does not apply to those slopes of at least twenty (20%) percent caused by prior human activity, which are treated as slopes of less than twenty (20%) percent slopes for purposes of the concept plan.
C. Acreage within the fifty-foot buffer area required by Article III, Division 10 (Wetlands) of this Chapter which is adjacent to any existing intervening street, which would not be required if such existing intervening street did not exist.
This subtraction shall not apply to those streets which are discontinued in conjunction with the proposed development.
D. All commercial acreage.
E. Acreage occupied by indoor recreation facilities open to the general public and operated for profit.
F. Industrial acreage.
(2) Bonus Density
Additional dwelling unit density may be obtained if the following incentive(s) are fully satisfied:
Table 45-1 PRD Bonus Density (A) An existing natural landscape buffer, which shall be supplemented by additional
planting where natural vegetation is sparse or nonexistent, at least two hundred (200) feet in depth along existing public rights-of-way (excluding existing structures which are to be incorporated into the proposed project) and one hundred (100) feet along all project property lines, whose purpose is to provide a natural visual screen between the proposed development and adjacent property and public roads.
0.5 0.25
Providing two hundred fifty (250) square feet per unit or more of developed active recreation facilities such as swimming pools, tennis courts, basketball courts, play lots and ball fields.
0.3 0.15
When recommended by the Planning Board, and confirmed by the Board of Aldermen, a dedication and/or development of land for a public community facility (excluding water or sewer improvements or roads) which is necessary to serve the general area or district in which the
0.20 to 0.50
Division 3, Overlay Districts development is located, and/or providing two hundred fifty (250) square
feet per unit or more of developed active recreation facilities as described above. Such recreation facilities shall be dedicated for public use; shall be consistent with the goals of the city recreation plan; shall be reviewed by the city's parks and recreation director prior to submittal of the plan to the Planning Board and Board of Aldermen. Any dedications secured under this paragraph may be permitted within the required fifty-foot or one-hundred-foot buffer area.
Privately operated day nursery or kindergarten facilities providing care for twelve (12) or more resident or nonresident children contained within a freestanding structure (except if associated with a multiple-tenant commercial structure) may be approved by the Planning Board. Such facilities shall be compatible with surrounding land uses and designed in a manner which permits safe and convenient vehicular access and egress. In addition, day nursery or kindergarten facilities shall be subject to the approval and periodic inspection of the city community services division.
0.05 0.025
(3) Height
Structures shall not exceed thirty-five (35) feet in height unless setback seventy-five (75) feet from the project boundaries plus an additional seventy-five (75) feet for each ten (10) feet above thirty-five (35) feet.
No building shall exceed eighty (80) feet in height. When recommended by the Planning Board and confirmed by the Board of Aldermen, requirements of this section may be waived for special conditions such as commercial or industrial abutters, or other special features such as rivers, highways, etc., where literal application of this section would not serve the purpose of providing adequate buffers to established residential neighborhoods.
(4) Perimeter setbacks
New principal structures and parking areas shall be at least fifty (50) feet from the project boundary, and this area is to be considered a buffer comprised of existing natural vegetation, which shall be supplemented by additional planting where natural vegetation is sparse or nonexistent. Additionally, new principal structures and parking areas shall be at least thirty (30) feet from any internal traffic routes or public roads and at least twenty (20) feet from any other principal structures. Accessory structures shall be at least five (5) feet from any other structure.
(e) Open Space, Parks and Recreation
(1) At least twenty (20%) percent of the total tract area shall be designated as common open space.
(2) Not more than seventy-five (75%) percent of the common open space shall be wetlands or over five (5%) percent sloped area.
(3) The Planning Board may allow land exceeding the slope limitations, bodies of water, and historical sites to qualify as part of the common open space requirement, by taking into consideration the proposed use of any lands to be dedicated to public use, and the use of the land or water in relation to the recreational needs of the development.
(4) Stormwater management facilities (e.g., detention or retention basins/ponds) required by Article V, Division 11) shall not be designated as part of the required open space.
Article III, Zoning Land Use Code • City Of Nashua, New Hampshire Division 3, Overlay Districts
(5) Covenants protecting the common open space shall be reviewed and approved by the Planning Board after review and approval of the City Solicitor prior to the first
subdivision or site plan approval. Such covenants shall provide for adequate protection in their natural state for wetlands, bodies of water and vegetation which are to be delineated on the concept plan.
(f) Conservation Regulations See Article V, Division 5.
(g) Stormwater Management
A stormwater management plan consistent with Article V, Division 11 shall be provided with the initial application for all phases of the proposed development.
(h) Street Design and Transportation
(1) Street design and transportation shall comply with Article V, Division 10.
(2) The number of new access points to existing and proposed public streets and major through roads within the development shall be limited to two (2) unless otherwise determined by the Planning Board.
(3) The Planning Board may require principal streets to become dedicated public ways.
(4) Private streets shall conform to subsection (1), above, and the following standards:
A. Private maintenance of all street improvements is required (except as
specifically required by the city) including rubbish collection, lighting and snow plowing.
B. The streets shall be posted as private streets by standard street signs.
C. The Planning Board may allow up to twenty-five (25) percent of streets within the development to become public streets when appropriate.
D. All dwelling units to be sold must have either frontage or permanent easement access to a public street.
(i) Utility Requirements.
The development shall be served by both a public water and public sewerage system.
(j) Homeowners Association Requirements
All parks, open space and other common areas shall be maintained by a homeowner's association or equivalent entity as provided in §16-602(d) of this Chapter. The applicant shall provide all documentation and instruments required under this section for review by the City Attorney.
16-40 to 16-42 Reserved
Division 4, Special Districts
Division 4. Special Districts
Special District regulations below provide the framework for zoning districts to be created in appropriate areas throughout the City. The district boundaries of the Special Districts shall be established through an amendment to the Zoning Ordinance as set forth in Article III, §16-12 (b), and Article IV, §16-431, Zoning Amendments.