MONT VERNON, NEW HAMPSHIRE

REGULATIONS

Including

I Zoning Ordinance

II Wetland Zoning Regulations

III Subdivision Regulations

IV Non-residential Site Plan Review Regulations

V Excavation Regulations

Published 2004

Revised March 2009

MONT VERNON ZONING ORDINANCE

TABLE OF CONTENTS

INDEX

I. ZONING ORDINANCE

dated March, l980

amended March 9, l982

revised November 23, l988

amended March, l989

amended March, l99l

amended March, l993

amended March, l994

amended March, 2000

amended March, 2001

amended March, 2002

amended March, 2003

amended March, 2004

amended March, 2005

amended March, 2006

amended March 2007

amended March 2008

amended March 2009

II. WETLAND ZONING REGULATIONS

dated March, l980

amended March, l99l

amended March, l994

amended March, 2005

amended March, 2006

III. SUBDIVISION REGULATIONS

dated March, l980

amended March l3, l984

revised November 23, l988

amended March, l99l

amended March, l994

amended September, 1996

amended May 12, 1998

amended March 28, 2006

amended January 9, 2007

amended September 23, 2008

amended December 9, 2008

IV. NON-RESIDENTIAL SITE PLAN REVIEW REGULATIONS

dated March, l980

amended March, l994

amended March 10, 1998

amended May 12, 1998

amended December 9, 2008

V. EXCAVATION REGULATIONS

dated March 25, l980

amended March, l994

APPENDIX A - GLOSSARY

Amended March, 2000

Amended March, 2006

Amended March 2008

Table of Contents Page Nos.

Chapter 1 -- Zoning Ordinance 1

Article 1 – Preamble 1

Article 2 – Districts 1

I-202 – Residential 1

I-203 – Rural Residential 2

I-204 – Limited Commercial 2

I-205 – Two Family & Multi-family 2

Article 3 – General Provisions 2

I-301 – Existing Uses 2

I-302 – Sanitary Protection 2

I-303 – Manufactured Housing 2

I-304 – Lot & Yard Regulations 3

Table I-304.2 4

District 1 – 2 Acre (Map code – yellow) 4

District 2 – 5 Acre (Map code – red) 5

District 3 – 5 Acre (Watershed) 6

District 4 – Non-buildable (Map code – brown) 6

District 5 – Land bordering NH Route 13 7

I-305 – Open Space Development Regulations 10

I-306 – Telecommunications Facilities 13

I-307 – Impact Fees for New Residential Development 27

I-308 – In-Law Apartments 33

I-309 – Phasing 35

I-310 – Housing for Older Persons 35

I-311 – Phasing 36

Article 4 – District Regulations 37

I-401 37

I-402 – Residential District 37

I-403 – Rural Residential District 37

I-404 – Historic District 37

I-405 – Limited Commercial District 39

I-406 – Non-Residential Zoning 44

I-406.4.3 – Home Business 46

I-407 – Non-Conforming Use 47

Article 5 – Administration & Enforcement 48

I-501 – Enforcement 48

I-502 – Board of Adjustment 48

I-503 – Definitions 50

I-504 – Section Numbering of Ordinance 50

I-505 – Amendments 50

I-506 – Separability Clause 50

I-507 – Repealer 50

I-508 – When Effective 50

Article 6 – Managed Commercial & Conservation Zone (MCCZ) 51

Article 7 – Floodplain Management 54

Chapter II – Wetland Zoning Regulations 63

Article 1 – General 63

Article 2 – Purpose 63

Article 3 – Use Regulations 64

Article 4 – Application for Uses…. 65

Chapter III – Subdivision Regulations……. 67

Article 1 – Authority 67

Article 2 – Definitions 67

Article 3 – Procedures 67

III-301 – Application Procedure 67

III-302 – Review for Acceptance 68

III-303 – Review for Approval 69

III-304 – Action of the Board 69

III-305 – Four Year Exemption 70

III-306 – Certificate of Failure to take Action 71

Article 4 – General Requirements for the Subdivision of Land 71

Article 5 – Provisions for Adequate……… 80

Article 6 – Plat Requirements 83

Article 7 – Improvement Construction Requirements 87

Article 8 – Administration and Enforcement 94

Article 9 – Special Flood Hazard Areas 95

Chapter IV – Non-Residential Site Plan Review Regulations….. 97

Article 1 – Authority 97

Article 2 – Submission Items: Site Development Plan & Supporting Data 97

Article 3 – Design & Construction Requirements 99

Article 4 – Occupancy & Bonding 101

Article 5 – Definitions 101

Article 6 – Procedure for PB Review 102

Article 7 – Concurrent & Joint Hearings 105

Article 8 – Waiver Procedure 105

Article 9 – Administration & Enforcement 105

Article 10 – Telecommunications Facility Site Requirements 106

Article 11 – Special Flood Hazard Areas 110

Chapter V – Excavation Regulations 112

Article 1 – Authority 112

Article 2 – Definitions 112

Article 3 – Excavation Permit Application 113

Article 4 – Submission Documents 114

Article 5 – Project Site Requirements 115

Article 6 – Application Procedure 116

Article 7 – Renewal & Amendment of Existing Permit 117

Article 8 – Administration & Enforcement 117

Appendix A – Glossary 119

Index 127

REFERENCE: Zoning Ordinance Changes

3/11/69 Zoning established

3/9/71 Building Code voted

3/7/72 Amended Art V-B

Art III-C; C2, C3

3/72 Building Code voted

3/4/75 Open Space proposed (defeated)

3/8/77 Wetland voted

BOCA code l975 replaces l972 (update)

3/13/79 Historic District established

Amended Art III-D, lot and yard regulations

Amended Art III-C & Da, open space

Amended Art III-B.l, Home Business

1980 Complete revision and compilations of Ordinance

3/8/83 Limited Commercial District established

3/l3/84 Amended Art VI-D

Amended Art III, sec 8

Amended Art V, sec l-a

3/12/85 Amended Art I, Preamble

Amended Art VII, VIII, IX, X, XI, numbering

3/10/87 Proposed amending Art III-D9 (back lot)

Proposed amending Art III-F (attached housing)

BOTH defeated

3/8/88 Proposed back lot zoning (defeated)

Proposed attached housing zoning (defeated)

3/14/89 Amended Art IV-B

3/12/91 Amended Wetland (passed)

Amended Art III-D (passed)

Planned Unit Development (defeated)

Expand Limited Commercial District (defeated)

3/9/93 Amended Art III-C2 (Glossary and housekeeping changes)

Amended Art VI

Amended Art D.7 multi soils (defeated)

3/8/94 Clerical corrections, renumbering, index and table of

contents added

9/24/96 Underground utilities requirements added

Amended Chapter III-411.1

3/10/98 Telecommunications Facilities requirements added

Chapter I paragraphs 306; Chapter IV, Article 10

5/12/98 Electronic file format added

Chapter III, paragraph 605.1(c); Chapter IV, paragraph 201.1(j);
Chapter IV, paragraph 201.1(k)

3/14/00 Amended Appendix A – Glossary

Removed paragraph “BUILDING OR STRUCTURE HEIGHT”

Changed definition “HEIGHT”

Amended Chapter 1 Zoning Ordinance added

Chapter I Article VI Managed Commercial and Conservation Zone

3/13/01 Amended Chapter I, Section I-305(c)

Replaced paragraph I-305.3(c)

3/12/02 Amended Chapter I, Section I-304.5 Multiple Soils Districts within Lots

Removed paragraphs I-304.5(a), -(b), and – (c) and replaced them

3/11/03 Amended, added I-307 Impact Fees for New Residential Development (passed)

Amended, I-305.3(e) open space ordinance (passed)

Amended I-401 Non-residential zoning (passed)

Amended I-401 Non-residential zoning petition article (defeated)

3/9/04 Amended I-304.5(b) and (c) multiple soils definitions (passed)

3/8/05 Replaced II-302.2

Replaced I-309.3

Replaced 1-306

Replaced 1-406

10/11/05 Added III-421 Phasing to subdivision regulations

12/13/05 Amended III-404.4 by removing sentence regarding hammerheads

12/13/05 Amended III-301 through III-304 Application Procedure, Review for Acceptance, Review for Approval, and Action of the Board.

3/14/06 Amended Table I-304.1 Key to Soils Types (passed)

Amended II-401 (passed)

Amended II-402 (passed)

Amended II-403 (passed)

Amended Appendix A – Glossary (passed)

3/28/06 Amended III-704

1/9/07 Amended Chapter III Subdivision Regulations

3/13/06 Amended I-305.3(d) (passed)

Amended I-305.3(g) (passed)

Added I-310 Housing for Older Persons (passed)

3/11/08 Amended I-204 (passed)

Added I-311 (passed)

Amended Appendix A – Glossary (passed)

9/23/08 Amended Chapter III Subdivision Regulations – Road Regulations

12/9/08 Added III-901 Special Flood Hazard Areas

Added IV-1101 Special Flood Hazard Areas

3/10/09 Added 1-701 Flood Plain Ordinance (passed)

CHAPTER I

ZONING ORDINANCE

FOR THE TOWN OF MONT VERNON, NEW HAMPSHIRE

March, 1980

ARTICLE 1 - PREAMBLE

I-101 In pursuance of authority conferred by Title LXIV of the NH Revised Statutes Annotated, Chapters 672-677 inclusive and as such may from time to time be amended, and for the purpose of promoting the health, safety, morals, prosperity, convenience or general welfare, as well as to provide efficiency and economy in the process of development of the incorporated Town of Mont Vernon, New Hampshire, by securing safety from fire, panic, and other dangers, providing adequate areas between buildings and various rights of way, by preserving the rural charm now attached to our Town, and to insure the wise and efficient expenditure of public funds and the adequate provision of public utilities and other public requirements, the following Ordinance is enacted by the voters of the Town of Mont Vernon in Town Meeting convened.

ARTICLE 2 - DISTRICTS

I-201 For the purpose of this Ordinance, the Town of Mont Vernon is divided into the following districts as shown on the master plan map filed with the Town Clerk, which map is made part of this Ordinance.

I-201.1 Residential (R)

I-201.2 Rural Residential (RR)

I-201.3 Limited Commercial District (LC)

I-201.4 Managed Commercial and Conservation Zone (MCCZ)

I-202 The Residential District perimeter shall include the following streets and roads and all land and buildings within 500 feet of the central point of such streets and roads and their terminating boundaries:

I-202.1 Main Street from the south boundaries of Lots 10-26 and 10-53-3 on Route 13, northward to the junction at Beech Hill Road and Blood Road; and New Boston Road to the junction of Blood Road.

I-202.2 The following streets and roads shall be included in their entirety: Blood Road; Harwood Road; Grand Hill Road; Boutwell Road; Smith Road; Hillcrest Avenue.

I-202.3 Old Wilton Road from the intersection at Main Street to the intersection at Harwood and Upton Roads.

I-202.4 All land and buildings included within the perimeter boundaries established by this Article and shown on the master plan map shall be considered in the Town Residential District.

I-203 The Rural-Residential District shall include all lands and buildings not contained within the boundaries of the Residential (R) and Limited Commercial (LC) Districts. (3-9-82)

1-204 The Limited Commercial District shall include all lands and buildings bounded as follows: Beginning at the point on Route 13 which is 2800 feet north of the Milford/Mont Vernon town boundary, continuing westerly along a line parallel to the Milford/Mont Vernon town boundary to a point of intersection with Hartshorn Brook, thence southerly along the course of said brook to the point of intersection with the Milford/Mont Vernon town boundary, thence easterly along said boundary crossing Route 13, to the southeast corner of Mont Vernon, thence north following the Mont Vernon/Amherst town boundary to the southeast corner of lot 2-68, thence northeastward following the boundary of lot 2-68 to where it rejoins with the Mont Vernon/Amherst town boundary (thus excluding lot 2-68). The bound continues northward until it reaches lot 2-65, thence follows the boundary of 2-65 westward to the place of beginning on Route 13. (3-11-08)

I-205 Although specific areas are not set aside for two-family and multi-family dwellings, the establishment of such uses that can be shown to be an asset to the Town is encouraged. Application for the initiation of such uses shall be made to the Board of Adjustment which shall act on such application in accordance with the procedure set forth in Article 5, Section I-502.1 (Special Exceptions) hereof. (3-9-82)

ARTICLE 3 - GENERAL PROVISIONS

I-301 EXISTING USES

I-301.1 Nothing in this Ordinance shall be construed to prevent continuance of any existing use of land or buildings or the replacement thereof.

I-302 SANITARY PROTECTION

I-302.1 No. privy, cesspool, septic tank, or sewage disposal area shall be constructed or maintained less than seventy-five (75) feet from the edge of a public water body or from a well, or from a dwelling other than that to which it is appurtenant.

I-302.2 No waste waters or sewage shall be permitted to run free into a public water body or be discharged in any way that may be offensive or detrimental to the health of others. All such waste shall be conveyed away underground through use of an accepted sanitary system, or in such a way that it will not be offensive or detrimental to health.

I-303 MANUFACTURED HOUSING

I-303.1 Manufactured housing shall be in accordance with RSA 674:32.

I-303.2 In the Rural-Residential District, the Board of Adjustment after public hearing, may permit the establishment and operation of a manufactured home park, after written application has been made to the Board of Adjustment accompanied by a text and map to describe the proposed location of the manufactured home park; a lot layout; plans for water supply, sewage disposal, garbage and trash disposal and drainage; and street layout and construction. The Board of Adjustment may grant such a permit only where it finds that the following standards in addition to the regulations of this ordinance, are met or exceeded:

I-303.2(a) A manufactured home park shall contain not less than five (5) acres.

I-303.2(b) Each manufactured home site shall comply with the dwelling lot requirements of I-304 of this Article.

I-303.2(c) Sanitary protection requirements listed under I-302 of this Article will be met.

I-303.2(d) No buildings other than manufactured homes shall be located in a manufactured home park.

I-303.2(e) The specific site is an appropriate location for such use.

I-303.2(f) Such use will not adversely affect the neighborhood in which the manufactured home park is located.

I-303.2(g) There will be no nuisance or serious hazard to vehicles or pedestrians.

I-303.2(h) The use would not be seriously detrimental or offensive to owners of adjoining property or to the Town, nor would it tend to radically reduce property values of adjoining property or other property in the immediate vicinity.

I-303.3 Permits issued pursuant to Article III, shall contain the provision that work must be commenced within six (6) months and completed within one (l) year of the date of issuance of said permit. If work is not commenced in accordance with this six-(6) month term, said permit shall expire without further action by the Board.

I-304 LOT AND YARD REGULATIONS

I-304.1 The symbols shown in Table I-304.1 shall be used to determine the District Classification of any and all tracts of land which are proposed for subdivision.

I-304.2 The regulations pertaining to minimum lot sizes, minimum frontages, minimum depths, minimum front yard setbacks, and minimum side yard setbacks and minimum rear yard setbacks shall be as set forth in the Table of Lot and Yard Regulations (Table I-304.2) subject to further provisions of this Ordinance.

TABLE I-304.1 KEY TO SOIL TYPES

SYMBOL D – SLOPE CATEGORY

B - 0 to 8%

C - >8 to 15%

D - >15 to 25%

E - >25%

TABLE I-304.2 LOT AND YARD REGULATIONS

Minimum setbacks from property line to building line

FRONTAGE FRONT SIDE REAR

FEET SETBACK SETBACK SETBACK

DISTRICT 1 -- 2 ACRE ZONING 200 50 30 50

Map Color Code -- yellow

Soil & Slope Reference:

Symbol A - 1. Excessively drained

2. Well drained

Symbol B - 1. Glaciofluvial deposits (out wash/terraces)

2. Glacial till material

Marine or Glaciolacustrine deposits

3. Very fine and silt deposits

4. Loamy/sandy over silt/clay deposits

5. Silt and clay deposits

6. Excavated, regraded or filled

Symbol C - 1. None

2. Bouldery, with more than 15% of the surface covered with boulders (larger than 12 inches in diameter)

3. Mineral restrictive layer(s) are present in the soil profile less than 40 inches below the soil surface—such as hard pan, platy structure, clayey texture. For examples of soil characteristics that qualify for restrictive layer, see Soil Manual for Site Evaluations in New Hampshire page 2-22, Figure 2-8.

Symbol D - B - 0 to 8%

C - >8 to 15%

Symbol E - Identifying the map as meeting the standards of a high intensity soil map.

District 1 Classification (2 Acres) permits very well drained soils with slopes not exceeding 15%.

[Table I-304.2 continued]

Minimum setbacks from property line to building line

FRONTAGE FRONT SIDE REAR

FEET SETBACK SETBACK SETBACK

DISTRICT 2 -- 5 ACRE ZONING 300 50 30 50

Map Color Code -- Red

Soil & Slope Reference:

Symbol A - 1. Excessively drained

2. Well drained

3. Moderately well drained

4. Somewhat poorly drained

Symbol B - 1. Glaciofluvial deposits (out wash/terraces)

2. Glacial till material

Marine or Glaciolacustrine deposits

3. Very fine sand and silt deposits

4. Loamy/sandy over silt/clay deposits

5. Silt and Clay deposits

6. Excavated, regraded or filled

Symbol C - 1. None

2. Bouldery, with more than l5% of the surface covered with
boulders (larger than l2 inches in diameter)

3. Mineral restrictive layer(s) are present in the soil profile less than 40 Inches below the soil surface--such as hard pan, platy structure, clayey texture. For example of soil characteristics that qualify for restrictive layer, see Soil Manual for Site Evaluations in New Hampshire, page 2-22, Figure 2-8.

X. Areas where depth to bedrock is so variable that a single soil type cannot be applied will be mapped as a complex of soil types and will have a Symbol C or X.

Symbol D - B through E

(When symbol A is 4, then Symbol D may not exceed 15%; if Symbol C is an X, then Symbol D may not exceed 15%)

B - 0 to 8%

C - >8 to 15%

D - >15% to 25%

District 2 Classification (5 Acres) Permits moderately drained or deep soils with slopes not to exceed 25% or somewhat poorly drained soils with slopes not to exceed 15%.

[Table I-304.2 continued]

Minimum setbacks from property line to building line

FRONTAGE FRONT SIDE REAR

FEET SETBACK SETBACK SETBACK

DISTRICT 3 -- 5 ACRE ZONING

WATERSHED AREA 300 50 30 50

Map Reference - US Geological Survey

District 3 Classification (5 Acres) applies to all land within the watershed area, except non-buildable District 4 land, regardless of its capabilities.

DISTRICT 4 -- NON BUILDABLE

Map Color Code -- Brown, Green

Soil and Slope Reference:

The presence of any of the following symbols identifies a soil as District 4, regardless of the other symbols.

Symbol A - 5. Poorly drained

6. Very Poorly drained

7. Not determinable (to be used only with Symbol B)

Symbol B - 7. Alluvial deposits

8. Organic materials--fresh water

9. Organic materials--tidal marsh

Symbol C - 4. Bedrock present in the soil profile 0 to 40 inches below the soil

surface (bedrock is either a lithic or paralithic contact—see Soil

Taxonomy p. 48-49)

5. Subject to flooding

6. Does not meet fill standards (see addendum--Standards for
Fill Material) (only to be used with Symbol B-6)

Symbol D - E. >25% +

The presence of the following combination of symbols also indicates a District 4 soil.

• Symbol A is 4 and Symbol D is 15% or higher.

• Symbol C is X and Symbol D is 15% or higher.

District 4 Classification (non-buildable) prevents the development of a parcel or parcels of land which have poorly drained soils, standing water, shallow bedrock or severe slope.

Minimum setback from property line to building line

FRONTAGE FRONT SIDE REAR

DISTRICT 5 - LAND BORDERING FEET SETBACK SETBACK SETBACK

N.H. RT. 13 500 90 30 50

District 5 Classification is an overlay classification that dictates frontage and setback requirements for all land bordering N.H. Route 13 to a depth of 200 feet.

[Table I-304.2 continued]

EXAMPLES:

A parcel or parcels of land determined to consist mostly of a 232DH determination would be classified as district 2 or five-acre zoning as a result of severe slope 15%-25%, with well-drained soils.

Another example is a parcel or parcels of land determined to consist mostly of a 521BH determination which would classify the land as District 4 or non-buildable. Symbol A, or the number 5 signified poorly drained soils even though Symbols B through E indicate no other restrictive features.

The most decisive criteria in determining the proper district classification will usually be drainage class and slope class while also considering any other restrictive features present. In determining a district classification, the most restrictive feature will be considered the determining factor.

[End of Table 1-304.2]

I-304.3 BOUNDARIES

For the purposes of this ordinance, soils boundaries shall be determined by the scale distance from the nearest visible prominent town road as shown on the aerial photomaps, to the nearest 1/32 inch (31 ft.).

I-304.4 LOCATION OF ON-SITE DISPOSAL FIELDS

To avoid high concentration of effluent discharges in a localized area, no disposal fields shall be located between the sidelines setbacks and the property line. All on-site disposal systems in District l, 2, & 3 shall be placed in the soil most suitable for septic tank absorption field.

I-304.5 MULTIPLE SOILS DISTRICTS WITHIN LOTS

I-304.5(a) When multiple soil district soils exist within a lot proposed for subdivision, the number and type of lots allowed shall be calculated as follows:

The number of 5-acre lots = Total District 2 soils + Total District 3 soils

5

The number of 2-acre lots = Total District 1 soils

2 (Amended March 12, 2002)

I-304.5(b) 5-acre lots must contain not less than 5 acres.
(Amended March 12, 2002 and again March 9, 2004)

I-304.5(c) 2-acre lots must contain not less than 2 acres.
(Amended March 12, 2002 and again March 9, 2004)

I-304.6 PROCEDURE FOR PLANNING BOARD REVIEW

I-304.6(a) Whenever a plat or other evidence is submitted showing a soil district boundary that is designated by soil and slope classification and such boundary differs from the boundary designated on the soils limitation district map, the Planning Board shall adjust such boundary upon submission of the following:

(i) A detailed topographic layout of the subdivision and the proposed lots prepared by a registered land surveyor.

(ii) A revised soils map of the Town of Mont Vernon and/or evidence submitted by a soils scientist qualified in soils classification, including a written report of his on-site field inspection.

(iii) The soil boundary as shown on the soils limitation district map shall be overlaid on the plat and the newly proposed boundary location shall be indicated on the same plat by a broken line.

I-304.6(b) The Planning Board shall reserve the right to withhold action on such plat pending the results of an on-site and/or other investigation by the Board of its appointed agent.

I-304.6(c) The final boundary location shall be confirmed and/or determined by the Planning Board.

I-304.7 LOT OR YARD SIZE REDUCTION

No conforming lot or open space on the lot (yard setback) shall be reduced in size or separated in ownership if by such action it shall become non-conforming.

I-304.8 LOT OF RECORD

Where a lot in separate ownership at the time of passage of this ordinance does not conform to the area and frontage requirements of this ordinance, such lot shall be considered as meeting the minimum requirements of this ordinance.

I-304.9 SEPARABILITY CLAUSE

The invalidity of any provision of this Amendment shall not affect the validity of any other provisions.

I-305 OPEN SPACE DEVELOPMENT REGULATIONS

(Single Family Dwellings)

I-305.l GENERAL: The Planning Board may approve Open Space Development in accordance with the following regulations, and such other regulations as may apply.

I-305.2 PURPOSE: The purpose of Open Space Development to which any such development must adhere, are:

I-305.2(a) To promote the conservation of the natural and scenic environment and the development of community uses in harmony with the natural features of the land.

I-305.2(b) To establish living areas within the Town that provides a balance of community needs, such as a diversity of housing opportunities, adequate recreation and open space areas, easy accessibility to these and other community facilities, and pedestrian and vehicular safety.

I-305.2(c) To provide for efficient use of land, streets and utility systems.

I-305.2(d) To stimulate imaginative and economical approaches to land use and community development.

I-305.2(e) To decrease town expenses traditionally associated with new developments.

I-305.3 GENERAL REGULATIONS

I-305.3(a) Open Space Development shall be permitted in all districts in which residential uses are permitted. An owner or owners, or a duly authorized agent thereof, of a tract of land may submit to the Planning Board a subdivision plan for an Open Space Development according to the procedures and provisions of the Subdivision Regulations of the Town of Mont Vernon.

I-305.3(b) The maximum number of dwelling units, permitted in any Open Space Development shall be determined by dividing the Net Tract Area by the minimum lot size for the Zoning District in which the development is located. The Net Tract Area of a parcel of land shall be defined as the total area of the parcel, minus all land recorded as designated Wetland and all area with a slope of greater than 25%.

I-305.3(c) Minimum frontage requirements which would be required in a conventional grid pattern subdivision may be waived in open space development as long as the requirements set forth in Sections: I-305.2 (Purpose), I-305.2(a), (b), (c), (d) and (e) of the Mont Vernon Zoning Regulations are met; however, in either case Open Space developments will be required to have a setback of a minimum of one hundred (100) feet from the existing roads and abutters. The Planning Board shall determine the number of curb cuts to be made on existing roads, with a maximum of three (3) for any open space subdivision. The criteria for determination shall be I-305.2 (Purpose), I-305.2 (a), (b), (c), (d) and (e) of the Mont Vernon Zoning Regulations; the health, safety and welfare of the town; and the current (at the time of subdivision) condition of the existing town roads servicing the subdivision. For the purposes of this regulation, each curb cut of co-located and/or common driveways shall be considered a single opening. A landscaped buffer sufficient to provide division of transition between uses shall be provided within the required setbacks to conserve the natural and scenic environment. In no case shall the width of the buffer be less than the setbacks otherwise required in that district. (Amended March 13, 2001)

I-305.3(d) Open Space Development shall not have to provide the minimum frontage and acreage around each dwelling as required elsewhere in the Zoning Ordinance. All buildings shall be at least 25 feet from all boundaries. Such development shall be designed and constructed as to achieve the purposes of Open Space Development as set forth in Section 2 of the Regulations. (Amended March 13, 2007)

I-305.3(e) Open Space Development shall have at least forty per cent (40%) of the Net Tract Area set aside as common open space for the use and enjoyment of the residents of the development and/or the general public and shall be permanently restricted for open space. The designated open space may include water bodies, wetlands, and/or steep slopes, but these shall not count toward the acreage calculation of the open space parcel(s). Recreation facilities and equipment as determined through consultation with the Planning Board may be constructed or installed by the developer. The location, variety, accessibility and orientation to other uses of this common open space shall be suitable to the type and character of the proposed development and to the location of development within the Town. (Amended March 11, 2003)

I-305.3(f) Open Space within the Development shall be either deeded to the Town of Mont Vernon, or shall be protected by recreation and/or conservation easements; or shall be leased or conveyed to be permanently protected in other suitable ways approved by the Planning Board with a Public Meeting held prior to making final approval so as to guarantee the following:

(i) The continued use of such land for the intended purposes.

(ii) Continuity of proper maintenance for those portions of the open space
land requiring maintenance.

(iii) When appropriate, the availability of funds required for such
maintenance.

(iv) Recovery for loss sustained as a result of casualty, condemnation or otherwise, and in the case of a homeowner's association or similar form of ownership, that the membership and obligation of the residents of the Open Space Development be automatic upon conveyance of title or lease to individual dwelling units.

I-305.3(g) The Open Space Development Plan shall show the layout of all roads. All roads shall be built to the Town requirements for public acceptance; except that right-of-way and pavement widths for residential streets may be reduced according to the standards adopted by the Planning Board in consultation with the Fire Department and the Board of Selectmen and may, with the approval of the Planning Board, remain in private ownership. Road(s) must be completed or bonded to the satisfaction of the Selectmen prior to issuance of building permits. (Amended March 13, 2007)

I-305.3(h) All Open Space Developments, located along Route 13 within the Town of Mont Vernon, New Hampshire, will be allowed a single access per development and only if access is not available through other acceptable means.

I-305.4 REVIEW STANDARDS

I-305.4(a) The review of an Open Space Development conducted by the Planning Board with consultation with the Selectmen, Road Agent and Fire Department under these regulations shall ascertain that adequate and appropriate provisions have been made by the owner or his authorized agent for the following:

(i) Traffic circulation and access, including adequacy of adjacent streets, entrances and exits, traffic flow, sight distance, curb cuts, turning lanes, and existing or recommended traffic signalization.

(ii) Pedestrian safety and access.

(iii) Emergency vehicle access.

(iv) Storm water drainage based upon a ten-year storm frequency, utilizing on-site absorption wherever practical.

(v) Recreation facilities and resources.

(vi) Water supply and wastewater disposal shall meet all State and Town requirements.

(vii) Environmental factors such as protection against pollution, noise, odor, and the protection of natural land features.

(viii) Preservation of areas of significant historic conservation, and scenic values.

(ix) Utilization of topography, slope, and sun orientation in overall layout of the Development.

(x) Compatibility in the design and location of different types of dwelling units.

I-305.4(b) In addition, the Planning Board shall review the plan to assure compliance with the provisions of the standards set forth in I-305.3 and other town regulations and ordinance. The Planning Board shall also ascertain that the plan minimizes the encroachments of the Open Space Development upon neighboring land uses.

I-305.5 SEPARABILITY CLAUSES

I-305.5(a) The invalidity of any provision of this Amendment shall not affect the validity of any other provision.

I-306 TELECOMMUNICATIONS FACILITIES

(Telecommunications Facilities ordinance adopted March 8, 2005)

Section I-306.1.1 Title

These regulations shall officially be known, cited, and referred to as the Wireless Communications Service Facility Regulations of the Town of Mont Vernon, hereinafter within this ordinance referred to as "these regulations."

Section I-306.1.2 Purpose and Goals

1. This ordinance is designed and intended to balance the interests of the residents of the Town of Mont Vernon, Wireless Communications Service facility providers and Wireless Communications Service customers in the siting of Wireless Communications Service facilities within the Town of Mont Vernon, so as to preserve the health, welfare and safety of the Town and its residents and to ensure the coordinated development of communications infrastructure. This ordinance establishes general guidelines for the siting of Wireless Communications Service facilities to enhance and fulfill the following goals:

2. To preserve the authority of the Town of Mont Vernon Planning Board to provide for reasonable opportunity for the siting of Wireless Communications Service facilities and to allow for the provision of such facilities to take place effectively and efficiently.

3. To ensure that Wireless Communications Service facilities are provided compatibly with the visual and environmental features by preserving the Town of Mont Vernon's unique viewsheds and scenic values, in particular, but not limited to, those associated with the views from Route 13 and the Town-owned Lamson Farm.

4. To reduce adverse impacts such facilities may create, including, but not limited to, impacts on aesthetics, environmentally sensitive areas, historically significant locations, aircraft flight corridors, migratory bird flight corridors, health and safety by injurious accidents to person and property, and prosperity through protection of property values.

5. To provide for co-location and minimal impact siting options through an assessment of technology, innovative technology which reduces proliferation of Wireless Communications Service facilities, current locational options, future available locations, innovative siting techniques, and siting possibilities beyond the political jurisdiction of the Town.

6. To permit the construction of new Wireless Communications Service facilities only where all other reasonable opportunities have been exhausted, and to encourage the owners of Wireless Communications Service facilities to configure them in a way that minimizes the adverse visual impact of Wireless Communications Service Facilities.

7. To require cooperation and co-location, to the greatest extent possible, between competitors in order to reduce cumulative negative impacts on the Town.

8. To ensure that ongoing maintenance and safety inspections for all Wireless Communications Service facilities are carried out.

9. To avoid potential damage to adjacent properties from tower failure through structural standards and setback requirements.

10. To provide for the removal of abandoned facilities that are no longer inspected for safety concerns and Building Code compliance; and to provide a mechanism for the Town to remove those abandoned facilities to protect the citizens from imminent harm and danger.

11. To provide for the removal or upgrade of facilities that are technologically outdated.

Section I-306.1.3 Authority

This ordinance is adopted by the Town of Mont Vernon in accordance with the authority as granted in New Hampshire Revised Statutes Annotated 674:16 & 674:21 and procedurally under the guidance of 675:2, II as well as Section 704 of the Federal Telecommunications Act of 1996.

Section I-306.1.4 Jurisdiction

1. These regulations apply to all Wireless Communications Service Facilities as defined in Section I-306.2.2 (Words and Terms Defined) located within the boundaries of the Town of Mont Vernon, New Hampshire, or outside, as provided by law.

2. No Wireless Communications Service Facility may be constructed without an approved and signed site plan from the Planning Board.

Article 2

Section I-306.2.1 Definitions

For the purposes of these regulations, certain abbreviations, terms, and words shall be used, interpreted, and defined as set forth in this Article.

Unless the context clearly indicates to the contrary, words used in the present tense include the future tense and words used in the plural indicate the singular.

Section I-306.2.2 Words and Terms Defined

Act - the Communications Act of 1934, as it has been amended from time to time, including the Telecommunications Act of 1996 and its amendments, and shall include future amendments to the Communications Act of 1934.

Affiliate - When used in relation to an operator, another person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or common control with the operator, or an operator's principal partners, shareholders, or owners of some other ownership interest; and when used in relation to the municipality, any agency, board, authority or political subdivision affiliated with the municipality or other person in which the municipality has legal or financial interest.

Alternative tower structure - Innovative siting techniques shall mean man-made trees, clock towers, bell steeples, light poles, and similar alternative-design mounting structures that camouflage or conceal the presence of antennas or towers.

Antenna - Any exterior apparatus designed for telephonic, radio, television, personal communications service, pager network, or any other communications through the sending and/receiving of electromagnetic signals of any frequency and bandwidth.

Antenna Array - A collection of antennas attached to a mount to send and receive electromagnetic signals.

Antenna Height - The vertical distance measured from the base of the antenna support structure at grade to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the antenna height.

Antenna Support Structure - Any pole, telescoping mast, tower tripod, or any other structure which supports a device used in the transmitting and/or receiving of electromagnetic signals.

Applicant - A person who applies for a Wireless Communications Service Facility siting. An applicant can be the owner of the property or someone who is authorized to represent the owner, such as a builder, developer, optional purchaser, consultant, or architect.

Average Tree Canopy Height - An average height found by inventorying the height, above ground level (AGL), of all trees over twenty (20) feet in height within the area that extends for a distance of one-hundred and fifty (150) feet from the base of the mount, security barrier, or designated clear area for access to equipment, whichever is greatest. Trees that will be removed for construction shall NOT be used in this calculation.

Broadcast - To transmit information over the airwaves to two or more receiving devices simultaneously. Information can be transmitted over local television or radio stations, satellite systems or wireless data communications networks.

Camouflaged - A Wireless Communications Service Facility that is disguised, hidden, part of an existing or proposed structure, or placed within an existing or proposed structure.

Carrier - A company that provides Wireless Communications Services. Also sometimes referred to as a provider.

Cell Site - A tract or parcel of land that contains a cellular communication antenna, its support structure, accessory building(s), and parking, and may include other uses associated with an ancillary to cellular communications transmission.

Cellular Service - A telecommunications service that permits customers to use wireless mobile telephones to connect, via low-power radio transmission sites called cell sites, either to the public switched network or to other mobile cellular phones.

Cellular Telecommunications - A commercial Low Power Mobile Radio Service licensed by the Federal Communications Commission (FCC) to providers in a specific geographical area in which the radio frequency spectrum is divided into discrete channels which are assigned in groups to geographic cells within a service area and which are capable of being reused in different cells within the service area.

Cellular Telecommunications Facility - A cellular telecommunications facility consists of the equipment and structures involved in receiving telecommunication or radio signals from mobile radio communications sources and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.

Co-location - The use of a single mount on the ground by more than one carrier (vertical co-location), or the use of more than one mount on the same site by more than one carrier (horizontal co-location), or the use of several mounts on an existing building or structure by more than one carrier.

Common Carrier - An entity licensed by the FCC or a state agency to supply local and/or long distance telecommunications services to the general public at established and stated prices.

Communication Tower - a guyed, monopole, or self-supporting tower, constructed as a free standing structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving television, AM/FM radio, digital, microwave, cellular, telephone, or similar forms of electronic communication.

Communications Transmission System or Communications System - A wired communication transmission system, open video system, or wireless communications transmission system regulated by these regulations.

C.O.W.'s - "Cells on Wheels", see Temporary Wireless Communication Facility.

Digital Technology - technology that converts voice and data messages into digits that represent sound intensities at specific points of time and data content.

Directional Antenna - An antenna or array of antennas designed to concentrate a radio or an electromagnetic signal in a particular area.

Dish Antenna - A dish-like antenna used to link communications sites together by wireless transmission of voice or data. Also called microwave antenna or microwave dish antenna.

Environmental Assessment (EA) - An EA is a document required by the Federal Communications Commission (FCC) and the National Environmental Policy Act (NEPA) when a Wireless Communications Service Facility is placed in certain designated areas.

Equipment Shelter - An enclosed structure, cabinet, shed, vault, or box near the base of the mount within which are housed equipment for electrical equipment. Equipment shelters are sometimes referred to as base transceiver stations.

ESMR - Enhanced Specialized Mobile Radio.

FAA - The Federal Aviation Administration.

FCC - the Federal Communications Commission.

Fall Zone - The area on the ground from the base of a ground mounted Wireless Communications Service Facility that forms a circle with a diameter equal to twice the height of the facility, including any antennas or other appurtenances. The fall zone is the area within which there is a potential hazard from falling debris (such as ice) or collapsing material.

Frequency - The number of cycles per second - hertz (Hz)

Grade - The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the structure and the property line or, when the property line is more than 5 feet from the structure, between the structure and a line 5 feet from the structure.

Guyed Tower - A communication tower that is supported, in whole or in part, by guy wires and ground anchors.

Height -The height above ground level (AGL) from the natural grade of a site to the highest point of a tower or other structure, even if said highest point is an antenna.

Lattice Tower - A type of mount with multiple legs and structural cross-bracing between the legs that is self-supporting and freestanding.

License - The rights and obligations extended by the municipality to an operator to own, construct, maintain, and operate its system within the boundaries of the municipality for the sole purpose of providing services to persons or areas outside the municipality.

Mast - A thin pole that resembles a street light standard or a telephone pole. A dual-polarized antenna is typically deployed on a mast.

MHZ - Megahertz, or 1,000,000 Hz.

Micro-cell - A low power mobile radio service telecommunications facility used to provide increased capacity in high call-demand areas or to improve coverage in areas of weak coverage.

Microwave - Electromagnetic radiation with frequencies higher than 1,000 MHZ; highly directional signal used to transmit radio frequencies from point to point at a relatively low power level.

Microwave Antenna - A dish-like antenna manufactured in many sizes and shapes used to link communication sites together by wireless transmission of voice or data.

Monopole - A thicker type of mount than a mast that is self-supporting with a single shaft of wood, steel or concrete, or other material, that is designed for the placement of antennas and arrays along the shaft, constructed without guy wires and ground anchors.

Mount - The structure or surface upon which antennas are mounted, including the following four types of mounts:
(1) Roof-mounted - Mounted on the roof of a building.
(2) Side-mounted - Mounted on the side of a building.
(3) Ground-mounted - Mounted on the ground.
(4) Structure-mounted - Mounted on a structure other than a building.

Omni-directional Antenna - An antenna that is equally effective in all directions and whose size varies with the frequency and gain for which it was designed.

Owner - The owner of the title to real property or the contract purchaser of real property of record, as shown on the latest assessment records in the Office of the Selectmen. Owner also includes a deed holder or contract purchaser whose name does not appear in the latest assessment records, but who presents to the town a copy of a deed or contract of sale showing date, book, and page of recording.

Personal Communications Services or PCS - Digital wireless telephone technology such as portable phones, pagers, faxes, and computers. Such mobile technology promises to allow each consumer the same telephone number wherever he or she goes. Also known as Personal Communications Network (PCN).

Planning Board or Board - Shall mean the Town of Mont Vernon Planning Board.

Preexisting Towers and Antennas - Any tower or antenna for which a non-residential site plan has been approved and signed and recorded at the Hillsborough County Registry of Deeds prior to the effective date of these regulations and is exempt from the requirements of these regulations so long as the tower or antennas are not modified or changed.

Public Property - Any real property, easement, air-space, or other interest in real estate, including a street, owned by or controlled by this town or any other governmental unit.

Radio Frequency (RF) Engineer - A licensed engineer specializing in electrical or microwave engineering, especially the study of radio frequencies.

Radio Frequency Radiation (RFR) - The emissions from Wireless Communications Service facilities.

Roof and/or Building Mount Facility - A low power mobile radio service telecommunications facility in which antennas are mounted to an existing structure on the roof (including rooftop appurtenances) or building face.

Scenic View - A scenic view is a view that may be framed, wide angle, or panoramic and may include natural and/or manmade structures and activities. A scenic view may be from a stationary viewpoint or be seen as one travels along a roadway, waterway, or path. A view may be to a far away object, such as a mountain, or of a nearby object.

Secondary Use - A use of land or of a building or portion thereof which is unrelated to the principal use of the land or building.

Security Barrier - A decay-resistant wall, fence, or berm that restricts an area from unauthorized entry or trespass.

Self-supported Tower - A communication tower that is constructed without guy wires and ground anchors.

Separation - The distance between one carrier's array of antennas and another carrier's array.

Spectrum - Relating to any transmissions or reception of electromagnetic waves.

Stealth Facility - Any communications facility which is designed to blend into the surrounding environment. Examples of stealth facilities may include architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, and antenna structures designed to look like light poles. (See also Alternative Tower Structure)

System - The communications transmission system operated by a service provider in the Town.

Telecommunications - The transmission, between or among points specified by the user, of information of the user's choosing, without change in the form or content of the information as sent and received.

Temporary Wireless Communication Facility - Any tower, pole, antenna, etc., designed for use while a permanent wireless facility is under construction, or for a special event or conference where a majority of people attending are wireless users.

Tower - Shall mean any structure that is designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, universal antenna towers, alternative tower structures, and the like.

Whip Antenna - An antenna that transmits signals in 360 degrees. Whip antennas are typically cylindrical in shape and are less than 6 inches in diameter and measure up to 18 inches in height. Also called omni-directional, stick or pipe antennas.

Wireless Communication Facility - An all-encompassing definition; any towers, poles antennas or other structures intended for use in connection with transmission and/or receipt of electromagnetic signals.

Wireless Communications Service Facility - Facility for the provision of Wireless Communications Services, as defined by the Telecommunications Act of 1996, as amended. Wireless Communications Service facilities include a mount, antenna, equipment shelter, and other related equipment.

View Corridor - A view corridor is a three-dimensional area extending out from a view point. The width of the view corridor depends on the focus of the view. The focus of the view may be a single object, such as a mountain, which would result in a narrow corridor, or a group of objects, such as a downtown skyline, which would result in a wide corridor. Panoramic views have very wide corridors and may include a 360-degree perspective. Although the view corridor extends from the view point to the focus of the view, the mapped portion of the corridor extends from the view point and is based on the area where base zone heights must be limited in order to protect the view.

Article 3

Section I-306.3 General Provisions

Section I-306.3.1 Applicability

1. Wireless Communications Service Facilities
The terms of this Article and the Site Plan Review Regulations shall apply to Wireless Communications Service facilities proposed to be located on property owned by the Town, on privately owned property, and on property owned by any other governmental entity that acts in its proprietary capacity to lease such property to a carrier.

2. Amateur Radio; Receive-Only Antennas
This ordinance shall not govern any tower, or the installation of any antenna that is under 70 feet in height and is owned and operated by a federally-licensed amateur radio station operator or is used exclusively for receive only antennas. This application adopts the provisions and limitations as referenced in RSA 674:16, IV.

3. Essential Services and Public Utilities
Wireless Communications Service facilities shall not be considered infrastructure, essential services, or public utilities, as defined or used elsewhere in the Town's ordinances or regulations. Siting for Wireless Communications Service facilities are a use of land and are subject to the Town's Zoning Ordinance and all other applicable ordinances and regulations.

Section I-306.3.2 Location

Section I-306.3.2.A Districts Permitted (moved from I-306.4.02 in 1998 ordinance)

New Wireless Communications Service Facility construction and co-location of Wireless Communications Service provider facilities shall be permitted in the following districts subject to all applicable local, state and federal regulations and Site Plan Review and approval by the Planning Board.

Section I-306.3.2.B Siting Standards

1. Antennas and towers may be considered either principal or secondary uses. A different existing use or an existing structure on the same lot shall not preclude the installation of an antenna or tower on such lot.

2. For purposes of determining whether the installation of a tower or antenna complies with district development standards, the dimensions of the entire lot shall control, even though the antennas and towers may be located on leased parcels within such lots.

3. Towers that are constructed, and antennas that are installed, in accordance with the provisions of this ordinance on a non-conforming lot or in conjunction with a non-conforming use, shall not be deemed to constitute the expansion of a non-conforming use or structure.

Section I-306.3.2.C Siting

The siting of new or co-located Wireless Communications Service facilities shall be permitted in all Zoning Districts. Applicants seeking approval for Wireless Communications Service facilities shall first evaluate existing structures for the siting of Wireless Communications Service facilities. Only after finding that there are no suitable existing structures pursuant to Section I-306.3.2,C.2 herein, shall a provider propose a new ground-mounted facility.

Existing Structures - Policy
Wireless Communications Service facilities shall be located on existing structures, including, but not limited to, buildings, water towers, existing telecommunications facilities, utility poles or towers, and related facilities, provided that such installation preserves the character and integrity of those structures by being camouflaged to the greatest extent possible.

Existing Structures - Burden of Proof
The applicant shall have the burden of proving that there are no existing suitable structures on which to locate its Wireless Communications Service Facility and/or transmit or receive radio signals. To meet that burden, the applicant shall take all the following actions to the extent applicable:

a.) The applicant shall submit to the Planning Board a list of all contacts made with owners of potential sites regarding the availability of potential space for a Wireless Communications Service Facility. If the Planning Board informs the applicant that additional existing structures may be satisfactory, the applicant shall contact the property owner(s) of those structures.

b.) The applicant shall provide copies of all letters of inquiry made to owners of existing structures and letters of rejection. If letters of rejection are not provided, at a minimum, unanswered "Return Receipt Requested" forms from the U.S. Post office shall be provided for each owner of existing structures that was contacted.

If the applicant claims that a structure is not capable of physically supporting a Wireless Communications Service Facility, this claim must be certified by an independent, licensed engineer, whose fees shall be paid by the applicant. The certification shall, at a minimum, explain the structural issues and demonstrate that the structure cannot be modified to support the Wireless Communications Service Facility without unreasonable costs. The estimated cost shall be provided to the Planning Board and the Board of Selectmen.

Ground Mounted Facilities - Policy
If the applicant demonstrates that it is not feasible to locate on an existing structure, ground mounted Wireless Communications Service Facilities shall be designed so as to be camouflaged to the greatest extent possible, including, but not limited to:

- use of compatible building materials and colors;

- screening, landscaping, and placement within trees;

- use of lower antenna mounts that do not protrude as far above the surrounding tree
canopies;

- disguised Wireless Communications Service facilities such as flagpoles, artificial tree poles, light poles, and traffic lights, that blend in with their surroundings;

- custom designed Wireless Communications Service facilities that minimize the visual impact of a Wireless Communications Service Facility on its surroundings;

- other available technology.

Section I-306.3.3 Bonding Security and Insurance

Recognizing the hazardous situation presented by abandoned and towers unmonitored Wireless Communications Service facilities, the Board of Selectmen shall set the form and amount of security that represents the cost for removal and disposal of abandoned Wireless Communications Service facilities in the event that a facility is abandoned and the facility owner is unwilling or unable to remove the facility in accordance with Section I-306.3.4,C. The amount of the security shall be based upon the removal cost, plus fifteen percent (15%), provided by the applicant and certified by an independent engineer licensed in New Hampshire. The owner of the facility shall provide the Planning Board and the Board of Selectmen with a revised removal cost estimate and structural evaluation prepared by an independent engineer licensed in New Hampshire every five (5) years from the date of the Planning Board's approval of the site plan. If the cost has increased more than fifteen percent (15%) then the owner of the facility shall provide additional security in the amount of the increase. Furthermore, the Planning Board shall require the submission of proof of adequate insurance covering accident or damage. Should the facility owner discontinue or abandon the facility in accordance with Section I-306.3.4 and the facility is physically removed in accordance with Section I-306.3.4, the security being held by the Town shall be released within thirty (30) days of confirmation of satisfactory removal by the Planning Board or its designated agent.

Section I-306.3.4 Abandonment or Discontinuation of Use

Beginning 12 months after Planning Board approval, and continuing on an annual basis thereafter, the owner of a Wireless Communications Service Facility shall provide the Planning Board with written, signed certification that the Wireless Communications Service Facility is being used to provide telecommunications services as defined. Failure to comply with this requirement shall constitute an admission that the Wireless Communications Service Facility is not in use and has been abandoned.

Section I-306.3.4.A. Abandonment

Any Wireless Communications Service Facility that is not operated for a continuous period of twelve (12) months shall be considered abandoned and hazardous to the public health and safety, unless the owner of said Wireless Communications Service Facility provides proof of quarterly inspections. The owner shall physically remove the abandoned Wireless Communications Service Facility within ninety (90) days of receipt of a declaration of abandonment from the Town notifying the owner of such abandonment. A declaration of abandonment shall only be issued following a public hearing, noticed according to RSA 676:4, with notice to abutters and the last known owner/operator of the Wireless Communications Service Facility. If the abandoned Wireless Communications Service Facility is not removed within 90 days, the Town may execute the security and have the Wireless Communications Service Facility removed. If there are two or more users of a single Wireless Communications Service Facility, this provision shall not become effective until all users cease using the Wireless Communications Service Facility.

Section I-306.3.4.B. Discontinuance

At such time that a carrier plans to abandon or discontinue operation of a Wireless Communications Service Facility, such carrier shall notify the Town by certified U.S. mail of the proposed date of abandonment or discontinuation of operations. Such notice shall be given no less than thirty (30) days prior to abandonment or discontinuance of operations. In the event that a carrier fails to give such notice, the Wireless Communications Service Facility shall be considered abandoned upon such discontinuance of operation.

Unused portions of towers above a manufactured connection shall be removed within 90 days of the time of antenna relocation. The replacement of portions of a tower previously removed requires the issuance of a new Wireless Communications Facility permit.

Section I-306.3.4C. Removal

Upon abandonment or discontinuance of use, the owner of the Wireless Communications Service Facility shall physically remove the Wireless Communications Service Facility within ninety (90) days from the date of abandonment or discontinuance of use. "Physically remove" shall include, but not be limited to:

i) Removal of antennas, mounts, equipment shelters and security barriers from the subject property.

ii) Proper disposal of the waste materials from the site in accordance with local and state solid waste disposal regulations.

iii) Restoring the location of the Wireless Communications Service Facility to its natural condition, except that any landscaping and grading shall remain in the after-condition.

Section I-306.3.4D. Failure to Remove

If the owner of the Wireless Communications Service Facility does not remove the Wireless Communications Service Facility upon notice from the Town, then the Board of Selectmen shall, after holding a public hearing with notice to the owner and abutters, issue a declaration of abandonment. The owner of the facility shall dismantle and remove the facility within ninety (90) days of receipt of the declaration of abandonment by the Board of Selectmen. If the abandoned Wireless Communications Service Facility is not removed within ninety (90) days, the Town may execute the security to pay for this action.

Section I-306.3.4E. Failure to Maintain

If the owner of the Wireless Communications Service Facility fails to maintain the Wireless Communications Service Facility in accordance with the directions of the Planning Board pursuant to Section I-306.3.5.A, then the Board of Selectmen shall, after holding a public hearing with notice to the owner and abutters, issue a declaration of abandonment. The owner of the facility shall dismantle and remove the Wireless Communications Service Facility within ninety (90) days of receipt of the declaration of abandonment from the Board of Selectmen. If the abandoned facility is not removed within ninety (90) days, the Town may execute the security to pay for this action.

Section I-306.3.5 Monitoring and Maintenance

Section I-306.3.5.A. Maintenance

The owner of the Wireless Communications Service Facility shall maintain the Wireless Communications Service Facility in good condition. Such maintenance shall include, but shall not be limited to, painting, structural integrity of the mount and security barrier, and maintenance of the buffer areas, landscaping and camouflage materials. The Planning Board may direct the owner to perform maintenance that it determines is required.

Section I-306.3.5.B. Monitoring

As part of the issuance of the site plan approval or building permit, the property owner and the owner of the Wireless Communications Service Facility shall agree in writing that the Town of Mont Vernon and/or its appointed representative(s) may enter the subject property to obtain RFR measurements and noise measurements and to perform maintenance inspections at the expense of the carrier. In the case of taking RFR and/or noise measurements, the Town, or its appointed representative(s), may enter without any advance notice to either the property owner or the Wireless Communications Service Facility owner. In all other cases, the Town shall provide reasonable written notice to the carrier and landowner and provide them with the opportunity to accompany the Town representative(s) when the inspections are conducted.

Section Section I-306.3.6 Timing of Operation

Section Section I-306.3.6.A. Operation of a Wireless Communications Service Facility shall commence no later than nine (9) months from the date the proposal was approved. If the Wireless Communications Service Facility is not operating and providing the citizens of the Town with Wireless Communications Services, as defined, within this time period, the Planning Board, at its discretion, may revoke its approval.

Section Section I-306.3.6.B. If Planning Board approval is revoked and construction has begun, the Wireless Communications Service Facility shall be considered to be abandoned.

Section I-306.3.7 Historic District Restrictions

Wireless Communications Service Facilities within the Historic Districts shall be camouflaged.

Section I-306.3.8 Enactment

In order that Wireless Communication Service Facilities may be constructed in accordance to these purposes and policies, these regulations are hereby adopted and made effective as of initial posting of hearing. All applications for Wireless Communication Service Facility sitings pending on the effective date of these regulations shall be reviewed under these regulations.

Section I-306.3.9

Section I-306.3.9.A. Interpretation. In their interpretation and application, the provisions of these regulations shall be held to be the minimum requirements for the protection of public health, safety, and general welfare. These regulations shall be construed broadly to promote the purposes for which they are adopted.

Section I-306.3.9.B. Conflict. These regulations are not intended to interfere with, abrogate, or annul any other ordinance, rule or regulations, statute, or other provision of law except as provided in these regulations. Where any provision of these regulations imposes restrictions different from any other ordinance, rule or regulation, statute or other provision of law, the provision which is more restrictive or imposes higher standards shall control.

Section I-306.3.9.C. Separability. If any part or provision of these regulations or the application of these regulations to any service provider or circumstances is adjudged invalid by any court of competent jurisdiction, the judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which the judgment shall be rendered and it shall not affect or impair the validity of the remainder of these regulations or the application of them to other service providers or circumstances. The Planning Board hereby declares that it would have enacted the remainder of these regulations even without any such part, provision, or application which is judged to be invalid.

Section I-306.3.8 Amendments

For the purpose of protecting the public health safety, and general welfare, the Planning Board may from time to time propose amendments to these regulations which shall be approved or disapproved by the Planning Board at a public meeting following public notice. Realizing that communication technologies are evolving and changing quickly, future innovations may reduce the impacts of individual facilities and render portions of these regulations obsolete. Therefore, periodic review and revision of these regulations will be necessary.

Section I-306.3.9 Enforcement

The enforcement of these regulations shall be the responsibility of the Board of Selectmen or their designee.

I-307 IMPACT FEES FOR NEW RESIDENTIAL DEVELOPMENT

I-307.1 Authority. This ordinance is established pursuant to New Hampshire RSA 674:21 (V).

I-307.2 Intent and Purpose. This ordinance is intended to:

a. Implement and be consistent with the Town of Mont Vernon's Master Plan.

b. Allocate a fair and equitable share of the cost of public facilities (including school construction) to new development; and

c. Require new development to contribute its proportionate share of funds necessary to accommodate its impact on public facilities, which is reasonably related to the capital needs created by residential development and to the benefits accruing to the development.

I-307.3 Findings.

1. The Town of Mont Vernon is responsible for and committed to the provision of public facilities and services at levels necessary to support residential and non-residential growth and development.

b. Such facilities and services have been and will be provided by the Town utilizing funds allocated via the Capital Improvements Program which is regularly updated pursuant to New Hampshire RSA 674:5.

c. The rate of growth experienced by the Town in recent years, as well as projected growth rates, would necessitate an excessive expenditure of public funds in order to maintain adequate facility standards.

d. Residential development enabled through this zoning ordinance will create a need for the construction, equipping or expanding of public capital facilities.

e. The imposition of impact fees is one of the preferred methods of ensuring that public expenditures are not excessive, and that residential development bears a proportionate share of the cost of public capital facilities necessary to accommodate such development. This must be done in order to promote the public health, safety and welfare.

f. The fees established by the Impact Fee Schedules for the categories identified in Section I-308.a are derived from, based upon, and do not exceed the costs of:

1. Providing additional public capital facilities necessitated by the new residential development for which the fees are levied; or

2. Compensating the Town of Mont Vernon for expenditures made for existing public facilities that were constructed in anticipation of new residential growth and development.

I-307.4 Definitions. The following definitions shall apply to the Impact Fees for Residential Development section, and shall not be affected by the provisions of any other ordinance of the Town of Mont Vernon.

I-307.4.1 Applicant. A person applying for the issuance of a building permit, permit for manufactured home installation, subdivision, site plan or other local land use decision, permit or approval.

I-307.4.2 Dwelling Unit. A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.

I-307.4.3 Gross Living Area. The effective area of a residential unit as indicated in the assessment files. It includes finished space that is heated, but excludes heated garages and outbuildings which do not include living quarters.

I-307.4.4 New Development. Any building activity which results in:

1. The creation of a new dwelling unit or dwelling units;

2. The conversion of a non-residential use to a dwelling unit or dwelling units.

New Development does not include:

1. the reconstruction of a structure that has been destroyed by fire or natural disaster, provided that there is no change in the size and density of the structure;

2. the replacement of a manufactured home;

3. the construction of any accessory structure which would not increase the demand for facilities by the principal structure.

I-307.4.5 Public Capital Facilities. Assets, facilities, and equipment which are owned and operated by the Town of Mont Vernon, the Mont Vernon School System, or cooperatively with other municipalities and which have a useful life of no less than five years. Public capital facilities do not include the costs associated with the operation, maintenance, repair of such facilities, or with facility replacements which do not increase the capacity or level or service, but does include reasonable costs for planning, engineering, design, land acquisition, and other reasonable costs associated with such facilities.

I-307.4.6 Off Site Improvements/Exaction. An improvement that is required of the Planning Board for either a site plan or subdivision that is necessary for the project to operate properly on the day that it opens shall be considered to be an Off-Site Improvement or Exaction. Off-site improvements for site-specific applications shall be assessed on a case-by-case basis. The applicant shall be assessed their proportionate share for the need for the project. In cases where it is determined that an improvement is necessary for the proper functioning of a site plan or subdivision, but that the improvement will accommodate future development, the Town, at the request of the applicant, may establish an impact fee that assesses future site plans or subdivisions for their proportionate share of the improvement. Such impact fees shall be provided to the original applicant with any interest, upon application by the original applicant to the Planning Board, during such period as the original applicant continues to own the property benefited by the improvement, based upon the proportion of the property still owned by the original applicant.

I-307.5 Imposition of Impact Fees for Residential Development.

1. Any person, who after (October 22, 2002), seeks to undertake new residential development within the Town of Mont Vernon, New Hampshire, by applying for a building permit or permit for manufactured home installation and who is not vested under RSA 674:39, is hereby required to pay an impact fee in the manner set forth in section I-309.2 of this Ordinance, in accordance with any Impact Fee Schedule adopted by the Board of Selectmen.

2. No new building permit or new permit for manufactured home installation or activity requiring payment of an impact fee pursuant to Section I-309.2 of this Ordinance shall be issued unless and until the impact fees hereby required have been determined.

I-307.6 Computation of Impact Fees for Residential Development.

a. The amounts of the impact fees shall be determined using the values contained in the Impact Fee Schedules for the following types of facilities:

1. School Facilities

2. Municipal Facilities

3. Public Libraries

Impact Fees Schedules shall be established and reviewed as set forth in Section I-314.1 Establishment of Fees.

b. In the case of change of use, redevelopment, or expansion or modification of an existing use which constitutes new development, the impact fees shall be based upon the net positive increase in the impact fee for the new use as compared to the previous use.

I-307.7 Payment of Fees.

Impact fees shall, in accordance with RSA 674:21, (V)(d), be assessed at the time a building permit is issued but the applicant shall pay the impact fees required of the Ordinance to the Town of Mont Vernon at the Town Hall when a certificate of occupancy is issued, unless as provided in the foregoing statute, the planning board has advanced the time of such payment or the planning board and the applicant have come to some other arrangement as provided in said statute RSA 674:21, (V)(d).

I-307.8 Appeals.

1. If an applicant elects to dispute the amount of the impact fee, the applicant may prepare and submit to the Selectmen an independent fee calculation study for the new development activity which is proposed. The Planning Board shall review such study and render a decision. All cost incurred by the Town for the review of such study shall be paid by the applicant.

2. The decision of the Planning Board may be appealed to the Superior Court as provided by RSA 677:15.

I-307.9 Administration and Custody of Funds Collected.

1. All funds collected shall be properly identified by and promptly transferred for deposit in the appropriate Impact Fee accounts, and used solely for the purposes for which it was collected. Impact fee accounts shall be special revenue fund accounts and under no circumstances will impact fee revenues accrue to the General Fund. Each fee collected under a specific Impact Fee Schedule shall not be commingled with other impact fee accounts or any other funds.

2. The Town Treasurer shall have custody of all accounts, and shall pay out the same only upon written orders of the Board of Selectmen.

3. At the end of each fiscal year, the Town Treasurer shall make a report, giving a particular account of all impact fee transactions during the year.

I-307.10 Refund of Fees Paid.

1. The current owner of property on which impact fees have been paid may apply for a full or partial refund of such fees, together with any accrued interest.

The refund shall be owed when the Town has failed, within the period of six (6) years from either the payment of such fee or the last installment payment, to expend or encumber such fees on public capital facilities intended to benefit the development which paid the fees. In event that a refund is due, the Board of Selectmen shall notify the owner of record by certified mail return receipt requested.

2. In the event that the owner elects to apply for a refund, such application shall be submitted in writing to the Board of Selectmen within one (1) year from the date of receiving notice from the Board of Selectmen.

I-307.11 Credits in Exchange for Public Capital Facilities.

1. Public capital facility improvements may be offered by the applicant as total or partial payment of a required impact fee. The offer must be determined to represent an identifiable dollar value computed in a manner acceptable to the Planning Board. The Planning Board may authorize the applicant an impact fee credit in the amount of the value of the contribution.

2. Any claim for credit must be made prior to the Planning Board vote on subdivision/site plan approval. The applicant shall indicate that such credit will be requested at the survey phase subdivision application stage of the development review process, and which impact fees will be affected by the credit.

3. Credits shall not be transferable, and run only with a specific subdivision or site plan approval.

4. Credits shall not be transferable from one type of impact fee to any other impact fee.

5. Determination by the Planning Board pursuant to the credit provision of this section may be appealed to the Superior Court in accordance with RSA 677:15.

6. Under no circumstances shall this section imply that the Planning Board has an obligation to accept any credit offer that is proposed.

I-307.12 Additional Assessments.

Payment of an impact fee does not restrict the Town or the Planning Board from requiring other payments from the applicant, including such payments relating to the cost of the extensions of water and sewer mains or the construction or improvement of roads or streets or other infrastructure and facilities specifically benefiting the development which are required by the subdivision or site plan review regulations or as otherwise permitted by law.

I-307.13 Premature and Scattered Development.

Nothing in this Ordinance shall be construed so as to limit the existing authority of the Mont Vernon Planning Board to provide against development which is scattered or premature, requires an excessive expenditure of public funds, or otherwise violates the Town of Mont Vernon's Site Plan Review Regulations, Subdivision Regulations, or Zoning Ordinance.

I-307.14 Establishment and Review of Fees.

I-307.14.1 Establishment. In order to establish an impact fee, the Board of Selectmen may prepare an Impact Fee Schedule, in accordance with RSA 674:21, and Section I-314.2 of this Ordinance. The Board of Selectmen shall conduct a public hearing on the proposed schedule, and shall consider all comments received prior to finalizing the Schedule. The Impact Fee Schedule shall be in effect when a majority of the Board of Selectmen approves the schedule. Should the Board of Selectmen fail to approve the schedule, it shall state its reason for doing so in writing.

I-307.14.2 Impact Fee Schedule. The Impact Fee Schedule shall be prepared in accordance with RSA 674:21, and shall be calculated using the following factors, based upon the most recent data available or a conservative estimate:

1. A determination of the size of the capital facility.

2. An estimate of the proportion of users from future Mont Vernon households subject to the impact fee that will use the facility when it has reached its capacity.

3. Projections of future users based upon residential building permit projections.

4. Estimates of the cost of the facility to the Town of Mont Vernon, including financing and excluding non-municipal funding sources;

5. Credits subtracted from a base fee accounting for property taxes paid by the proportion of the project to be financed by impact fees.

6. A fee assessed per housing unit based upon the gross livable area of the dwelling unit.

7. A determination of the number of building permits that will need to be issued in order to finance the impact fee.

8. An accounting of the number of permits issued, with a maximum number of permits to be assessed an impact fee prior to the fee's termination.

9. Exemptions, if any.

In developing the impact fee schedule, the Board of Selectmen shall use the most recent data available in order to calculate the fee.

I-307.14.3 Review of Impact Fees.

The Board of Selectmen shall review an established Impact Fee Schedule on an annual basis. The Selectmen shall modify the Impact Fee Schedule if it finds that new data is available that will refine the schedule. This may include the replacement of figures used in the Impact Fee Schedule with more accurate or recent projections, data and figures. The Board of Selectmen shall hold a public hearing on the proposed modifications and vote whether to affirm the modifications within sixty (60) days. If the Board of Selectmen fail to affirm the modifications, the impact fee schedule in effect shall remain in place.

I-307.14.4 Termination of Impact Fees.

1. Impact fees shall terminate in accordance with the Impact Fee Schedule, which shall set forth the number of building permits to be issued prior to its obsolescence.

2. The Board of Selectmen may also by majority vote terminate an impact fee schedule in effect. This may be done only after soliciting recommendations from the Planning Board, and after conducting a public hearing. The Planning Board shall be given sixty (60) days to produce written recommendations to the Board of Selectmen.

I-307.15 Severability.

If any section, phrase, sentence or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions thereof.

I-307.16 Effective Date.

This Ordinance shall become effective on October 22, 2002.

I-308 IN-LAW APARTMENTS

I-308.1 Purpose

Pursuant to NH RSA 674:17 Mont Vernon adopts the following ordinance since:

Enabling extended families to live together benefits families and the community,

In-law apartment housing provides a means of relief to families in crisis

Apartments not permitted by the building inspector pose a safety hazard to inhabitants and to emergency service providers,

Extending a principal residence to accommodate relatives is a rural New England tradition, and

Escalating housing costs for the elderly leave some Mont Vernon residents with no feasible housing alternative,

The Town of Mont Vernon shall allow in-law apartments to be permitted by the Building Inspector in any district, subject to the following regulations.

I-308.2 Definition

“In-law apartment” is a semi-independent living area that is part of a larger single family dwelling unit. It is not a general rental unit. An in-law apartment may have a kitchen, a bathroom, and one bedroom in addition to the living area. Access to the in-law apartment is through a living area or open foyer contained within the larger dwelling unit, such that a resident of the in-law apartment is inevitably a member of the household occupying the principle dwelling unit.

I-308.3 Requirements and Limitations

a. An in-law apartment is intended to be secondary and accessory to a principal single-family dwelling unit. The in-law apartment must be developed in a manner which does not alter the character or appearance of the principal dwelling unit as a single-family residence. Only one in-law apartment shall be allowed per principal dwelling unit and/or lot. The in-law apartment shall not have a separate house number from the principal dwelling. The In law apartment shall not have a separate power meter or separate electrical service entrance.

b. Up to one external entrance shall be allowed provided that it is not the primary entrance to the in-law apartment.

c. An in-law apartment shall not be considered to be an additional dwelling unit for the purposes of determining minimum lot size.

d. An in-law apartment shall have an area of no greater than 800 square feet.

e. An in-law apartment shall be designed to allow for re-incorporation into the principal dwelling unit.

f. The existing or proposed septic system must be certified by a licensed septic designer or engineer as adequate to handle and treat the increased waste volumes generated by the in-law apartment in accordance with the building code of the Town of Mont Vernon. If the existing septic system is not capable of adequately handling and treating the waste of the principal dwelling unit and the in-law apartment in accordance with the building code of the Town of Mont Vernon, a new or upgraded septic system conforming to the most recent state and local septic standards and regulations shall be required.

I-308.4 Existing In-Law Apartments

Owners of in-law apartments constructed prior to March 2005 that do not have a building permit and/or certificate of occupancy may be grandfathered by applying to the Building Inspector on or before September 1, 2005 for a determination of compliance with the life safety codes. Applications received after September 1, 2005 shall be subject to all requirements of this section. The Building Inspector shall issue one of the following:

a. A determination of compliance and a certificate of occupancy.

b. A conditional determination of compliance and a description of the corrective changes needed to bring the in-law apartment into compliance. The required changes shall be completed within 120 days of the date of the determination of conditional compliance. Upon successful completion of the required changes, the Building Inspector shall issue a certificate of occupancy.

c. A determination of non-compliance, listing requirements and conditions for which compliance cannot be achieved through corrective changes.

I-308.6 Failure to Comply

If an owner fails to comply with the requirements of this section, the use of the in-law apartment or other accessory apartment shall be terminated within 6 months of the date of notice from the Building Inspector. The owner shall be subject to penalty under RSA 676:17 for each day the in-law apartment fails to comply with the requirements of this section after September 1, 2005.

I-309 PHASING

I-309.1 Purpose

It is a demonstrated fact that rapid and uncontrolled proliferation of the subdivision process places a burden on the municipality to provide and pay for municipal services that are required when a subdivision is approved. The Planning Board is authorized in circumstances where the record demonstrates that such services will be impacted by a particular proposal, in lieu of denial, to require that the subdivision be phased so that the impact will be phased over a certain period of time. The Planning Board is directed to promulgate such regulations as are necessary to effectuate the purpose of this section as part of their subdivision regulations.

I-310 Housing for Older Persons

I-310.1 DEFINITION. Housing for Older Persons is that intended for, and solely occupied by, persons 62 years of age or older.

I-310.2 PURPOSE. It is in the public interest and the general welfare of the Town of Mont Vernon to encourage the development of Housing for Older Persons, as that term is defined in RSA 354-A:15.II. The purpose of this section is to establish the special conditions that such a case must satisfy. Where these regulations differ from other sections of the town zoning law, the provisions of this section shall take precedence. However, any housing must meet all other provisions of the Zoning Ordinance, Building Code and Subdivision Regulations.

1. Housing for Older Persons shall be permitted in any zone.

(b) Housing for Older Persons shall be exempted from I-205 of this Zoning Ordinance, which requires a Special Exception for two-family and multi-family dwellings.

(c) Density shall be as follows: 4 bedrooms shall be permitted for every 2 acres of District 1 soils. 4 bedrooms shall be permitted for every five acres of District 2 and 3 soils.

Example 1: A lot containing 20 acres of District 1 soils may support 40 one-bedroom units, or 20 two-bedroom units, or a combination, provided that the total number of bedrooms on the lot does not exceed 40.

Example 2: A lot containing 20 acres of District 3 soils may support a total of 16 bedrooms.

4. Each dwelling unit shall include one, but not more than two, bedrooms. The maximum square footage of living space in each dwelling unit shall be 1500 square feet.

(e) Each dwelling unit shall include at least one covered parking spot and one additional spot for resident parking. There shall be a minimum of one visitor parking spot per unit.

(f) At least 40% of the net tract area shall be open space, which shall include 100 feet of undisturbed continuous buffer zone around the perimeter of the parent lot. This buffer may include landscaped entrances.

(g) Where there are multiple structures, there shall be 50 feet between structures that are not appurtenant.

(h) The planning board may disallow Housing for Older Persons if, in the Board's opinion, there is inadequate accessibility to main roads and/or town services.

(i) Supporting on-site facilities such as community rooms and shared dining rooms shall be permitted at the discretion of the Planning Board.

(j) Building height shall be limited to 35 feet. No bedroom window shall be more than 26 feet from the ground.

(k) Roads shall be public and built to town standards.

(l) Lots of less than 10 total acres shall not be considered for Housing for Older Persons developments, but there is no minimum lot size for the subdivided lots.

(m) Housing for Older Persons developments shall be exempt from the III-421 Phasing ordinance.

(n) Proposed plan information must include exterior lighting plan and any proposed signs to be located on the site. Exterior lights shall be downward-facing.

15. Housing for Older Persons developments shall be assessed any impact fees in place at the time of building permit application, but shall be exempt from school impact fees. Assessment of impact fees for multiple housing units shall be based on total square footage. Certificates of occupancy shall be issued for each unit when the monies due for that unit, based on its square footage, are paid. (Added March 13, 2007)

I-311 Restaurants

I-311.1 The historic character of Mont Vernon is unique and is important to its people and their collective identity as a community. Mont Vernon, more than most communities, that have experienced the same level of growth, has managed to preserve its rural character and its small town feel. In many ways Mont Vernon has achieved this in a manner that is unique to the region.

I-311.2 Any restaurant approved under this ordinance must not significantly detract from Mont Vernon’s historic rural character. Fast food and Formula restaurants are specifically prohibited in the Town of Mont Vernon.

I-311.3 Restaurants are specifically allowed on any lot within the Limited Commercial District. Restaurants in the Residential and Rural/Residential Districts may be approved by special exception by the Zoning Board of Adjustment after public hearing. Such approval shall be subject to any conditions laid down by the Zoning Board of Adjustment and shall also be subject to a Non-Residential Site Plan review by the Planning Board.

I-311.4 All signs and/or exterior advertising for a restaurant shall comply with the requirements and standards set forth in the Non-Residential Site Plan Review Regulations of the Town of Mont Vernon.

I-311.5 Noise – Restaurant noise shall not exceed 55db from 7AM – 9PM and 45db from 9PM – 7AM at the lot boundary.

I-311.6 Buffer – If required by the Zoning Board of Adjustments restaurants shall provide a buffer of undisturbed continuous perimeter, except for entrance and exit driveways.

I-311.7 Height – Building height shall be limited to the height of all Mont Vernon buildings, that is 35 feet. No window ledge shall be more than 26 feet from the ground.

I-311.8 Parking – Restaurants shall provide adequate off-street parking.

I-311.9 Restaurants approved by Special Exception may be subject to setbacks, lighting restrictions, and other conditions as required by the Zoning Board of Adjustments or Planning Board. (Added 3-11-08)

ARTICLE 4 - DISTRICT REGULATIONS

I-401 Except as herein provided, no building or land shall hereafter be used, constructed, or altered unless in conformity with the regulations herein specified for the zoning district in which it is located. Any non-residential use in any of these districts shall comply with Mont Vernon’s non-residential site plan review process. (Amended March 11, 2003)

I-402 RESIDENTIAL DISTRICT

I-402.1 The Residential District shall be a district designated for single family residences and related uses only. Except that a building solely used as a U.S. Post Office will be a permitted use. (Second sentence added 10-24-89)

I-403 RURAL-RESIDENTIAL DISTRICT

I-403.1 All uses permitted in the Residential District shall be permitted in the Rural-Residential District.

I-403.2 General purpose farming and forestry activities shall be permitted and farm and home produce may be exposed for sale and sold in the Rural-Residential District. The display of historical, farming or forestry collections of tools, equipment, machinery and other related items in conjunction with farming or forestry activities shall be a permitted use in the Rural-Residential District. (Second Sentence added in l989)

I-404 HISTORIC DISTRICT

I-404.1 LEGISLATIVE INTENT

I-404.l(a) The purpose of this ordinance is to promote the educational, cultural, economic and general welfare of the public for the protection, enhancement, perpetuation, and the preservation of the historic district. It is hereby declared that it is a public purpose that the heritage of Mont Vernon will be safeguarded by:

(i) Preserving districts in Mont Vernon which reflect elements of a cultural, social, economic, political and architectural history.

(ii) Conserving property value in such districts.

(iii) Fostering civic beauty.

(iv) Strengthening the local economy.

(v) Promoting the use of an historic district for the education, pleasure and welfare of the citizens of Mont Vernon. (NH 674:45 and 674:50)

I-404.2 QUALIFICATIONS

I-404.2(a) The historic district established hereunder and from time to time, amended as prescribed by NH state law shall have one or more of the following qualifications, without limitations as to cultural or chronological period.

(i) Structures or sites which are identified with the cultural, political, economic, military or social history of Mont Vernon.

I-404.3 The entire Historic District Regulations and the official map of the Historic District are available at the Town Office.

I-405 LIMITED COMMERCIAL DISTRICT

I-405.1 PURPOSE AND INTENT

I-405.l(a) Goal

To encourage small scale, clean non-residential development which needs neither a public water nor sanitary sewer service, and which will increase employment opportunities and broaden the Town's tax base and provide needed services for the Town's residents.

I-405.l(b) Objective and Characteristics

(i) This district provides a location for the establishment of limited commercial facilities to improve and expand employment opportunities and broaden the tax base in the Town of Mont Vernon. The district offers good access to the Town's major highway (NH Route 13) and is easily accessible to other area towns. Limited commercial uses in the district will not conflict with uses in other adjacent areas. Soil types in the district are optimum for building. Additionally, the basic character of this area has already been established by the existing sawmill located southeast of the district.

(ii) A major variety of types of retail, service, office and manufacturing facilities are permitted in the district provided they are in keeping with the goals set forth in the Master Plan for the harmonious development of the Town, provided the performance standards are met, and further provided that a site plan for any proposed use shall be approved by the Planning Board conforming to the non-residential site plan review regulations of the Town of Mont Vernon.

(iii) Residential uses shall not be permitted within this district. The district shall provide the area for shopping facilities, offices, banking facilities and other limited commercial operations. Uses located in the district shall provide access, parking, adequate lighting and protection, quality design and construction, and similar related items for the convenience and safety of the general public and users of the area.

(iv) All such uses are declared to possess characteristics of such unique and distinct forms that each specific proposed use must be considered as an individual case. Notwithstanding any other provisions of I-405, permitted uses shall not be required to conform to the minimum frontage, setback and lot sizes required elsewhere in the Zoning Ordinance for the Town of Mont Vernon, but shall be so designed as to achieve the general purpose, requirements and standards of I-405. Any limited commercial use approved for location within the district pursuant to this ordinance shall comply with any and all conditions set forth by the Planning Board as necessary to protect the public health, safety, welfare and convenience of Mont Vernon's citizens.

I-405.2 PERMITTED USES

The following uses are permitted in the Limited Commercial District:

I-405.2(a) Retail, personal service, and business establishment of a type consistent with the purpose of this district to serve limited commercial needs of various nearby neighborhoods. The foregoing uses shall include, but shall not necessarily be limited to:

(i) Establishments for the retail sales of grocery, meat, produce, baked goods, drugs, stationery or hardware products;

(ii) Barber and beauty shops;

(iii) Shops for the collection and distribution of clothing for dying and cleaning;

(iv) Banks;

(v) Restaurants, coffee and sandwich shops (excluding drive-ins, or fast food service types).

I-405.2(b) Business and/or professional offices for individual or group practice, including doctors and dentists, (including medical and/or dental clinics), lawyers, counseling services, engineers, architects, planners, insurance offices and accountants.

I-405.2(c) Veterinary clinics which may include facilities for overnight boarding or caring of animals provided that any such facility shall be designed, constructed and operated in such a manner so as not to be a nuisance to adjacent uses by way of noise or odor.

I-405.2(d) Automotive service station for the retail sales of automotive fuel products and which may include a garage area for repairs to automobiles only. Such uses shall be permitted only when the following conditions are complied with:

(i) All fuel pumps and pump islands and all tanks for the storage of motor vehicle fuel shall be set back at least fifty (50) feet from all property lines.

(ii) All repair and service work, including car washing, but excluding emergency service and the sale of fuels, shall be conducted entirely within an enclosed building. Such repair services shall not include body or fender repair or paint spraying.

(iii) The outside storage or sale of wrecked vehicles shall not be permitted except where such vehicles are impounded on the premises at the direction of a duly authorized law enforcement agency. All such wrecked vehicles shall be removed from the premises without undue delay and may be stored only in an outside area which is screened with fencing and/or evergreen landscaping of such type and height as will shield the vehicles from view from the public highway or adjacent properties.

(iv) Any automotive service station shall be located at a minimum distance of two hundred (200) feet from any residential use, and further shall be located a minimum of one thousand five hundred (1500) feet from the nearest property line of any other automotive service station.

I-405.2(e) Wholesale and storage warehouses provided that all equipment, materials and products shall be stored within fully enclosed buildings.

I-405.2(f) Establishments offering indoor recreational activities and facilities (excluding video game arcades).

I-405.2(g) Laboratory, office and research facilities.

I-405.2(h) Component assembly or other handling of pre-manufactured products provided all such activities including the storage of materials and products is conducted within fully enclosed buildings.

I-405.2(i) General service or repair shops such as for jewelry, clocks, radios, televisions, small appliances, and bicycles.

I-405.3 GENERAL REQUIREMENTS

Any use permitted in the Limited Commercial District by this ordinance may be proposed for location in the district by an applicant provided said proposed use shall comply with the following minimum requirements:

I-405.3(a) Lot and Yard Requirements:

(i) The minimum lot size which may be proposed for development under this ordinance shall be two (2) acres.

(ii) Any lot proposed for development having principal access to the main highway (NH Route 13) shall have a minimum frontage of five hundred (500) feet along said highway.

(iii) Any lot proposed for development having principal access to an access or frontage road connecting to the main highway, which road meets or exceeds the requirements for roadway construction contained in the Subdivision Regulations for the Town of Mont Vernon, shall have a minimum frontage of two hundred (200) feet along said access or frontage road.

(iv) Principal and accessory buildings and structures located on any lot shall conform to the minimum yard requirement, shown on Table-405.3(a)(iv). Distances shall be measured along a line perpendicular to the lot line from that part of the building or structure nearest the lot line.

TABLE I-405.3(a)(iv) LIMITED COMMERCIAL DISTRICT

Minimum Yard Regulations

A. Sixty (60) feet from the nearest edge of the right-of-way along
NH Route l3:

B. Thirty (30) feet from the nearest edge of the right-of-way along
any access road or frontage road meeting the requirements specified in Table I-405.3(a)(iii) above.

C. One hundred (100) feet from the nearest lot line of any
property currently used for or zoned for residential use.

D. Fifteen (15) feet from the nearest side lot line or rear lot line
of the subject property.

[End of Table I-405.3(a)(iv)]

I-405.3(b) Building and Site Covering

(i) The portion of the total area of the lot which may be covered by all buildings and structures located thereon, shall not exceed fifty per cent (50%).

(ii) No building shall be constructed to a height greater than two and one-half (2-l/2) stories or thirty-five (35) feet, whichever is lesser, excepting that chimneys, ventilators, sky-lights and necessary mechanical apparatus usually located above roof level, may project not more than ten (10) feet above the roof upon which they are situated provided such apparatus is located so as to minimize visibility of same from the lot lines.

(iii) The portion of the total area of the lot which may be covered by buildings and structures, parking areas, and driveways and access ways located thereon shall not exceed seventy per cent (70%).

(iv) All portions of the lot which are not proposed as locations for buildings, structures, parking areas or access ways, or similar improvements shall be suitably landscaped and permanently maintained in such a manner as to minimize storm water runoff and to harmoniously blend such non-residential uses with their surrounding area and with the residential character of the Town as a whole.

I-405.3(c) Exterior Storage and Display

(i) All exterior storage areas and/or equipment parking areas shall be fenced, screened, landscaped, or otherwise protected from view.

I-405.3(d) Access and Parking

(i) There shall be no more than one access to any lot within the district, excepting that wherever desirable for traffic safety and beneficial to vehicular circulation, consideration shall be given to combining access points where two or more lots are being concurrently developed.

(ii) Pursuant to (i) above, there shall be only one access road to the main highway (NH Route 13) per one thousand (1000) feet.

(iii) Adequate parking and loading facilities shall be provided for a proposed use within the district. Said parking and loading facilities shall comply with the minimum setbacks shown in Table I-405.3(d)(iii) as well as conforming to the requirements and standards of Non-Residential Site Plan Review regulations of the Town of Mont Vernon.

TABLE I-405.3(d)(iii) LIMITED COMMERCIAL DISTRICT

Minimum Setbacks for Parking & Loading Facilities

A. Forty (40) feet from the nearest edge of the right-of-way along NH Route 13.

B. Twenty (20) feet from the nearest edge of the right-of-way along any access or frontage road other than the main highway.

C. Fifty (50) feet from the nearest lot line of any property currently used for or zoned for residential use.

D. Fifteen (15) feet from any lot line not otherwise specified in (A) through (C) above.

I-405.3(e) All signs and/or exterior advertising shall comply with the requirements and standards set forth in the Non-Residential Site Plan Review Regulations of the Town of Mont Vernon.

I-405.3(f) Other Requirements

(i) Any permitted limited commercial use of land within the district shall not generate nor create objectionable, noxious or offensive conditions on or around the lot on which it is situated-by way of odor, fumes, dust, smoke, noise, light, traffic congestion. In order to minimize the potentially objectionable external aspects of business and commercial uses, and to eliminate potentially hazardous and unsafe conditions, the Planning Board shall adopt such standards and regulations as it may deem necessary to make proper evaluation of any proposed use according to the above criteria.

(ii) Any person or firm proposing to locate a use or construct a building or structure within the Limited Commercial District shall first submit a site plan of the proposed use and improvements to the Planning Board for consideration pursuant to the Non-Residential Site Plan Review Regulations of the Town of Mont Vernon. No building permit shall be issued to any applicant unless and until such time as a site plan for the proposed building and use has been approved by the Planning Board pursuant to the provisions of this ordinance and the Non-Residential Site Plan Review Regulations of the Town. The Planning Board, after holding a public hearing upon an application for site plan review, shall approve, approve with modifications, or disapprove said site plan. The Planning Board may attach such reasonable conditions to said approval which may be necessary to ensure continued compliance with this ordinance and other applicable regulations. A record of the Planning Board's decision on said application, along with any conditions, modifications or reasons for disapproval, shall be entered in the minutes at which such action was taken.

I-406 NON-RESIDENTIAL ZONING

I-406.1 Site plan review authority provides the basis for controlling non-residential development in the interest of the public health, safety and welfare. The capacity to authorize and enable the planning board to exercise site plan regulatory authority is authorized by the State of New Hampshire (NH) Revised Statutes Annotated (RSA) 674:43(I) and this ordinance was promulgated to constitute such authority as well as to identify the scope of the site plan review authority available to the board, the latter being authorized by RSA 674:43 (IV).

I-406.2 Purpose. The purpose of this ordinance is to provide, pursuant to NH RSA 674:43 (IV), the Planning Board the standards and thresholds for determining the eligibility of a non-residential site use for a non-residential site plan review.

A non-residential use may be for the development, redevelopment, change or expansion of uses on tracts of land for all uses other than single family residences. This ordinance applies whether or not such development includes a subdivision or re-subdivision of land. The regulations set forth herein are intended to protect the public health and safety, promote the general welfare of the community and conserve the environment by assuring that non-residential use is employed in a manner which assures that adequate provisions are made:

• for traffic safety and access

• pedestrian and bicycle safety and access

• emergency access

• water supply

• sewage disposal

• site aesthetics

• management of stormwater, erosion, and sedimentation

• protection of groundwater; protection of wildlife habitat, fisheries and unique natural areas

• protection of historic and archaeological resources

• reduction of adverse impacts on adjacent properties

• harmonious placement into the fabric of the community

I-406.3 Authority. This ordinance is adopted pursuant to the authority given municipalities in NH RSA 674:43 as well as in NH RSA 674:21.

I-406.4 Applicability

I-406.4.1 Uses Requiring Site Plan Review. All non-residential uses of land and multifamily structures (except the exempt uses listed in Section I-406.4.2 below) shall require a site plan review by the Mont Vernon Planning Board according to the Mont Vernon Non-Residential Site Plan Review regulations (which regulations shall be adopted by the planning board in accordance with NH RSA 674:44), whether or not such development includes a subdivision or re-subdivision of land, and whether or not structures are proposed. Where structures are proposed, no building permit shall be issued until the site plan is approved by the planning board. Specific developments that require site plan review shall include, but are not limited to, the following:

a. The construction or placement of any new non-residential structure, including accessory structures, of a total floor area of one thousand (1,000) square feet or more.

b. The expansion of an existing non-residential structure, including accessory structures that increase the total floor area.

c. The conversion of an existing building, in whole or in part, from a residential use to a non-residential use or a mixed use.

d. The establishment of a new non-residential use even if no structures are proposed, including uses such as gravel pits, cemeteries, golf courses and other nonstructural non-residential uses.

e. The conversion of an existing non-residential use, in whole or in part, to another non-residential use if the new use changes the basic nature of the use such that it increases the intensity of on- or offsite impacts.

f. The construction of a multifamily structure or the conversion of an existing residential structure to a multifamily structure. Planning board approval does not remove the requirement for a special exception from the Zoning Board of Adjustment for multifamily structures.

g. The construction or expansion of paved areas or other impervious surfaces, including walkways, access drives and parking lots, involving more than 10% of the lot area. If such construction is planned as part of a subdivision then the subdivision review process will constitute site plan review provided that the board is made aware that planned impervious surfaces will cover more than 10% of the lot area.

I-406.4.2 Exempted Uses. The following activities shall not require site plan approval. Certain of these activities will, however, require the owner to obtain a building permit, plumbing permit or other state or local approvals:

a. Agricultural activities, including agricultural structures. Large commercial "farm-stands" in which 35% or more of the items for sale are not produced within the municipality shall, however, require site plan review if they otherwise meet the criteria for site plan review.

b. Timber harvesting and forest management activities.

c. Activities involving non-residential buildings or activities that are specifically excluded from review by the provisions of this Section.

d. Home businesses as defined in this ordinance, unless in the process of granting a special exception the ZBA determines that site plan approval by the planning board is required.

I-406.4.3 HOME BUSINESS

I-406.4.3.1 DEFINITION. A home business is a business operated by an individual within that individual's existing principal or existing accessory structure.

I-406.4.3.2 PURPOSE. The intent of this Ordinance is to establish guidelines for the operation of home businesses.

(a) The home business shall be carried on by members of the family. Any combination of numbers of employees who are not part of the family, may be employed if their combined work hours do not exceed forty (40) hours per week.

(b) There shall be no exterior display, no exterior storage of materials, and no other exterior indications of the home occupation, other than permitted signs, or variation from the residential character of the principal or accessory building.

(c) Business hours for each individual business may be limited.

(d) The home business shall be compatible with character of the neighborhood.

(e) Objectionable circumstances such as noise, vibration, smoke, dust, electrical disturbances, odors, heat, or glare shall not be produced.

(f) No traffic shall be generated by such activity in substantially greater volume than would normally be expected in the neighborhood.

(g) Parking shall be provided off-street and shall not be located in the front yard or within the required setback from side and rear lot lines. Existing driveways may be used for parking of clients, but where additional parking is desired, a maximum of three (3) additional spaces is permitted in side or rear yards.

(h) The permit to engage in a home business shall be issued to the petitioner only. The permit shall not be transferable upon the sale of said structure or the transfer of deed of said structure.

I-406.4.3.3 PERMITTED HOME BUSINESSES

(a) No building shall be expanded or remodeled to accommodate a home business without site plan review by the Planning Board and Certificate of Occupancy.

(b) Home Business may only be permitted where a Special Exception is granted by the Zoning Board of Adjustment. The ZBA shall conduct a public hearing on any such request for a special exception and, in addition to any other criteria for the granting of such exception that may be provided for in this Ordinance they shall insure that the proposed home business complies with the specific terms identified in this section. The ZBA is empowered to impose such conditions and limitations on the operation of the home business as may be necessary to insure that the purpose and intent of this regulation is met, including but not limited to conditions calculated to see to it that the home business remains a use which is ‘accessory’ to the underlying residential use of the premises. If the ZBA determines that site plan approval by the planning board is required, the planning board, in the exercise of site plan review may also impose conditions, but shall not do so in a manner that conflicts with those imposed by the ZBA.

I-406.4.3.4 SIGNS

(a) Each home business may erect one (1) exterior sign up to six (6) square feet in size. If the sign is mounted or hung from a pole, projects from the house, or is otherwise constructed so that it may be viewed from two (2) sides, it may use up to six (6) square feet of display on each side.

(b) If the home business is carried out in an accessory structure (i.e. garage, barn) which is set back more than one hundred (100) feet from the road (nearest adjacent right-of-way) one (1) additional sign of four (4) square feet may be attached to the accessory structure.

(c) No internally lit signs shall be permitted. The written message shall be limited to the name and function of service of the home occupation.

I-406.4.4 Uncertain Applicability. In cases where there is uncertainty as to whether a development proposal is subject to site plan review, the Planning Board shall hold a pre-application discussion and make a determination, by majority vote to be recorded in the public record, as to whether site plan review is required, and what level of review is necessary.

I-407 NON-CONFORMING USE

I-407.l A non-conforming structure or use may be continued as it exists at the time of the passage of this Ordinance, subject to the following provisions:

I-407.1(a) Changes

(i) No non-conforming use shall be changed to another non-conforming use.

(ii) Once changed to a conforming use, no building or land shall revert to a non-conforming use.

I-407.1(b) Discontinuance

(i) Whenever a non-conforming use has been discontinued for a period of one (1) year such use shall not thereafter be reestablished, and any future use shall conform with provisions of this Ordinance.

ARTICLE 5 - ADMINISTRATION AND ENFORCEMENT

I-501 ENFORCEMENT

I-501.1 It shall be the duty of the Board of Selectmen and the Board is hereby

given powers and authority to enforce the provisions of this Ordinance.

I-501.2 Upon any well-founded information that this Ordinance is being violated, the Selectmen shall, on their own initiative, take immediate steps to enforce the provisions of this Ordinance by seeking an injunction or other legal action. Any other person or persons aggrieved may take this action on their own initiative after failure of the Selectmen to act for thirty (30) days after having been notified.

I-501.3 Any persons violating any of the provisions of this Ordinance shall be subject to a fine of not more than fifty ($50.00) dollars for each day such violation exists.

I-502 BOARD OF ADJUSTMENT

Within thirty (30) days after the adoption of this ordinance and thereafter as terms expire or vacancies occur, the Board of Selectmen shall appoint a Board of Adjustment of five (5) members, conforming in duties and terms to the provisions of RSA 673:3.

I-502.1 SPECIAL EXCEPTIONS

The Board of Adjustment may, after public hearing with notice to abutters by mail, in appropriate cases and subject to appropriate conditions and safeguards, grant a permit for a special exception. The Board, acting on an application for a special exception, shall take into consideration the following conditions:

I-502.1(a) The specific site as an appropriate location for such use.

I-502.1(b) The use as developed will not adversely affect the neighborhood.

I-502.1(c) There will be no nuisance or serious hazard to vehicles or pedestrians.

I-502.1(d) Adequate and appropriate facilities will be provided for the proper operation of the proposed use.

I-502.1(e) The use would not be seriously detrimental or offensive to owners of adjoining property or to the Town, nor would it tend to radically reduce property values of adjoining or other property in the immediate vicinity.

I-502.2 VARIANCE

The Board of Adjustment may, after public hearing with notice to abutters by mail, authorize a variance from the terms of the Ordinance only where the Board finds that all the following conditions apply:

I-502.2(a) There are special circumstances or conditions applying to the land or building for which the variance is sought (such as, but not limited to, the exceptional narrowness, shallowness, or the shape of property in question, or exceptional topographical conditions), which are peculiar to such land or building; and the application of the requirements of the Ordinance will deprive any owner of such property of a reasonable use of it and will impose upon such owner a hardship not shared by the owners of other property in the same district.

I-502.2(b) The specific variance as granted is the minimum variance that will grant reasonable relief to the owner and is necessary for a reasonable use of the land or building.

I-502.2(c) The granting of the variance will be in harmony with the general purposes and intent of this Ordinance, and with the convenience, welfare, and character of the district within which it is proposed, and will not be injurious or otherwise detrimental to the public welfare.

I-502.3 All special exceptions issued pursuant to Article 5, and all variances issued pursuant to Article 5, shall contain either of the following provisions:

I-502.3(a) That if construction is necessary, said construction must be commenced within six (6) months of the date of issuance of the exception or variance, and completed within one (1) year of said issuance, or the exception or variance shall expire of its own accord without further action by the Board.

I-502.3(b) That if a change in the land use is permitted by said variance or special exception, said change must be implemented within six (6) months of the date of issuance, or the exception or variance shall expire of its own accord without further action by the Board. (As amended March 7, 1972)

I-502.4 A five-dollar ($5.00) filing fee payable to the Town of Mont Vernon shall accompany each application for a variance or a special exception.