LAND USE ORDINANCES

KENSINGTON, NH

Page

Chapter I Powers & Duties of the Town of Kensington .......................................... 1

Article 1 Preamble ............................................................................................................ 1

Chapter II Planning & Zoning .......................................................................................... 1

Article 1 General ................................................................................................................ 1

Article 2 Establish Local Land Use Boards ................................................................... 2

Article 3 Master Plan for the Town ................................................................................... 6

Article 4 Capital Improvements Program ....................................................................... 6

Article 5 Official Maps for the Town of Kensington ........................................................ 6

Article 6 Growth Control Ordinance ................................................................................. 10

Article 7 Wetland and Hydric Soil Conservation District ............................................... 11

Article 7.1 Purpose ................................................................................................ 11

Article 7.2 Definition and Designation ................................................................ 11

Article 7.3 Permitted Uses ................................................................................... 12

Article 7.4 Prohibited Uses .................................................................................. 13

Article 7.5 Special Provisions .............................................................................. 13

Article 7.6 Special Exceptions ............................................................................. 14

Article 7.7 Procedure for Review ......................................................................... 14

Article 7.8 Procedure for Appeal of Wetland Classification ............................. 15

Article 8 District of Residential & Agricultural Use RA‑1 .............................................. 15

Article 8.1 General Purpose ................................................................................. 15

Article 8.2 Definitions ............................................................................................ 15

Article 8.3 Specific Requirements of the Residential -

Agricultural District .............................................................................. 19

Article 8.4 Uses Other Than Single Family Dwellings ....................................... 20

Article 8.5 Kensington Senior Housing ............................................................... 26

Article 9 District of Commercial and Industrial Use........................................................ 33

Article 9.1 Specifications of This District ............................................................ 33

Article 10 Signs ................................................................................................................. 37

Article 10.1 Purpose.................................................................................................. 37

Article 10.2 Definitions............................................................................................... 37

Article 10.3 Size, Design, Construction and Maintenance.................................... 39

Article 10.4 Prohibited, Permitted and Non-Conforming Signs............................ 40

Article 10.5 Sign Permits and Fees......................................................................... 41

Chapter III Subdivision Regulations................................................................................ 1

Article 1 Authority .............................................................................................................. 1

Article 2 Definitions ........................................................................................................... 1

Article 3 Procedures: Subdivision Approval ................................................................. 3

Article 3.1 Application for Subdivision Approval ................................................ 3

Article 3.2 Preliminary Plat.................................................................................... 7

Article 3.3 Revision of Preliminary Layout .......................................................... 7

Article 3.4 Final Plat............................................................................................... 7

Article 3.5 Performance Bond............................................................................... 7

Article 3.6 Long Range Plan ................................................................................ 8

Article 3.7 Final Approval ..................................................................................... 8

Article 3.8 Failure to Act ....................................................................................... 8

Article 3.9 Separability .......................................................................................... 8

Article 3.10 Modifications.......................................................................................... 8

Article 4 General Requirements ...................................................................................... 9

Article 4.1 Streets ................................................................................................. 9

Articles 4.2 - 4.8 ............................................................................................................. 9

Article 4.9......................................................................................................................... 12

Article 4.10 Street Layout and Construction Standards....................................... 12

Article 4.11 Storm Drainage and Layout and Improvements .............................. 17

Article 4.12 Erosion and Sediment Control .......................................................... 17

Article 4.13 Electric and Telephone Lines............................................................. 18

Article 4.14 Lighting ................................................................................................. 18

Article 4.15 Monuments........................................................................................... 19

Article 4.16 Soils-Based Lot Size Determination................................................. 19

Article 4.17 Septic Reserve Areas ........................................................................ 24

Article 4.18 Fire Protection...................................................................................... 25

Article 4.19 Driveway Reserve Area...................................................................... 25

Article 4.20 Sequence of Construction .................................................................. 26

Article 4.21 Tree Clearing Regulation for New Development ............................. 27

Article 5 Preliminary Plan.................................................................................................. 30

Article 6 Construction Plans ............................................................................................. 31

Article 7 The Final Plat ...................................................................................................... 33

Article 8 Amendments ...................................................................................................... 33

Article 9 Effective Date ..................................................................................................... 34

Article 10 Open Space Subdivision .................................................................................. 34

Article 11 Scattered and Premature Subdivision ............................................................ 37

Construction Notes ........................................................................................... 40

Construction Checklist........................................................................................ 41

Chapter IV Site Plan Review Regulations ...................................................................... 1

Article 1 Authority .............................................................................................................. 1

Article 2 Definitions............................................................................................................ 1

Article 3 Scope & Purpose .............................................................................................. 2

Article 4 Procedures.......................................................................................................... 2

Article 5 Submission Requirements................................................................................. 2

Article 6 Required Exhibits & Data ................................................................................. 3

Article 7 General Standards.............................................................................................. 4

Article 8 Special Exceptions ............................................................................................ 8

Article 9 Performance Bond ............................................................................................. 8

Article 10 Recording of Site Plan ...................................................................................... 8

Chapter V Public Safety & Welfare.................................................................................. 1

Article 1 Local Regulations for Excavations ................................................................... 1

Article 1.1 General Purpose & Authority ............................................................. 1

Article 1.2 Definitions ............................................................................................ 1

Article 1.3 Permit Required .................................................................................. 2

Article 1.4 Hearing ................................................................................................. 3

Article 1.5 Issuance of Permit .............................................................................. 3

Article 1.6 Fees ..................................................................................................... 3

Article 1.7 Bonds ................................................................................................... 3

Article 1.8 Appeals ................................................................................................ 4

Article 1.9 Application for Permit ......................................................................... 4

Article 1.10 Operational Standards ....................................................................... 7

Article 1.11 Site Reclamation Standards .............................................................. 9

Article 1.12 Abandoned Excavations .................................................................... 10

Article 1.13 Prohibited Projects ............................................................................. 10

Article 1.14 Waivers ................................................................................................ 11

Article 1.15 Application for Amendment ............................................................... 11

Article 1.16 Enforcement ........................................................................................ 11

Article 1.17 Separability .......................................................................................... 12

Article 2 Driveways and Other Accesses to the Public Way ........................................ 12

Article 2.1 Authority .................................................................................................. 12

Article 2.2 Permit Required ..................................................................................... 12

Article 2.3 Submission of Information ..................................................................... 13

Article 2.4 Driveways Other Than Single-Family ................................................... 14

Article 2.5 No Construction Permit Shall Allow ..................................................... 14

Article 2.6 General Requirements for Driveway Installation ................................. 14

Article 2.7 Compliance ............................................................................................ 15

Article 3 Other Regulations............................................................................................... 15

Article 3.1 Building Permit..................................................................................... 15

Article 3.2 Electrical Wiring .................................................................................. 16

Article 3.3 Foundations ......................................................................................... 17

Article 3.4 Removal of Water................................................................................ 18

Article 3.5 Mobile Homes ..................................................................................... 18

Article 3.6 Certificate of Occupancy Required.................................................... 18

Article 3.7 Building Code for Metal Chimneys (Smokestacks)......................... 19

Article 3.8 Septic Regulations .............................................................................. 25

Chapter VI Telecommunications Facility ....................................................................... 1

Article 1 Authority .............................................................................................................. 1

Article 2 Purpose and Goals............................................................................................. 1

ARTICLE 7 WETLAND AND HYDRIC SOILS CONSERVATION DISTRICT (Amended 03/08/2005)

ARTICLE 7.1 PURPOSE

The general purpose of this District is for regulation of wetlands and hydric soils in Kensington in such a manner as to preserve the Town's water resources for the benefit of public health, safety and general welfare. Correlated purposes are:

A. To preserve wetland areas for their natural productivity, wildlife habitat, recreational and scenic enjoyment, and to encourage uses that will enhance these values.

B. To preserve natural wetland areas which provide flood protection, nutrient absorption and augmentation of stream flows during dry periods.

C. To prevent the development of structures of other land uses on naturally occurring wetland areas that would contribute to surface and groundwater pollution or reduce surface and groundwater supplies.

D. To prevent unnecessary or excessive expense to the Town in providing and maintaining obligated services which arise because of the inappropriate use of wetland areas.

ARTICLE 7.2 DEFINITION AND DESIGNATION (Amended 03/1998)

A. The Kensington Wetlands and Hydric Soils Conservation District encompasses specific areas mapped and delineated by the Natural Resources Conservation Service formerly known as United States Department of Agriculture (U.S.D.A.) Soil Conservation Service. This District is shown on a map designated as the "Town of Kensington Wetlands and Hydric Soils Conservation District".

The areas encompassed are:

Marshes, bogs

Swamps

Ponds

Streams

Hydric A - Very Poorly Drained Soils

Generally, are those soil areas in which the water table is at or on the surface of the ground for more than nine months of the year. Criteria to determine soil classification are defined in Site Specific Soil Mapping Standards for New Hampshire and Vermont, SSSNE Special Publication #3, June 1997.

Hydric B - Poorly Drained Soils

Generally, are those soil areas in which the water table rises to within six inches of the ground surface for six to nine months of the year. Criteria to determine soil classification are defined in Site Specific Soil Mapping Standards for New Hampshire and Vermont, SSSNE Special Publication #3, June 1997.

Wetland area boundaries indicated on the Wetland and Hydric Soils Conservation District map are based on soil survey field work conducted during 1978. This work was done in cooperation with the Rockingham County Conservation District by staff scientists of the Natural Resources Conservation Service. Copies of this work in total are on file with the Kensington Planning Board, Conservation Commission, and Town Clerk, as well as the District Office of the Natural Resources Conservation Service.

This map is considered a guide only. Any questions as to the precise location of a wetland boundary in any particular case must be determined by on site inspection of soil types. This data will be prepared by a certified soil scientist using the standards of high intensity soil maps for New Hampshire or in accordance with Site Specific Soil Maps for New Hampshire and Vermont as accepted by the Society of Soil Scientists of Northern New England.

B. In cases where areas designated by the Wetlands and Hydric Soils Conservation District are regulated by the Land Use Ordinance and Subdivision Control Regulations, the more restrictive regulations shall govern.

C. Pursuant to RSA 482-A:2.X, ”wetlands” means an area that is inundated or saturated by surface water of groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adopted for life in saturated soil conditions. (Added 03/08/2005)

ARTICLE 7.3 PERMITTED USES (Amended 03/1998)

A. For areas with Hydric B soils:

1. General: Any use that does not involve the erection of a permanent residential, commercial or industrial structure and that does not alter the surface configuration of the land by the addition of fill or by dredging, except as a common treatment associated with a permitted use. A permitted use must be consistent with the purposes and intent of Article 7.1. Permitted uses include, but are not limited to:

a. Agriculture;

b. Forestry and tree farming;

c. Construction of well water supplies;

d. Drainage ways, to include streams, creeks or other paths of natural runoff as well as common agricultural land drainage;

e. Wildlife habitat development and management;

f. Parks and recreation;

g. Conservation areas and nature trails; and

h. Open space as permitted or required by subdivision regulations.

B. For Hydric A soils and/or marshes, swamps, ponds, bogs, and streams:

1. General: Such uses as specified by Section A for Hydric B soils shall be permitted except that no alteration of the surface configuration of the land by filling will be allowed, even if the proposed use is a common treatment associated with a permitted use. No erection of a structure will be permitted.

ARTICLE 7.4 PROHIBITED USES (Amended 03/1998)

A. Waste disposal systems;

B. Septage waste or sludge disposal;

C. Storage of gasoline, fuel oil or other hazardous materials;

D. Landfills or dumps;

E. Commercial excavation; and

F. Roadsalt stockpiles.

ARTICLE 7.5 SPECIAL PROVISIONS (Amended 03/1998)

A. Hydric B soils may be used to fulfill all but the 30,000 square feet of any building lot minimum acreage requirement provided that the non‑hydric soils area is sufficient in size and configuration to accommodate all required utilities, as determined by the Town of Kensington Test Pit Inspector. (Amended 03/08/2005)

B. No Hydric A soils or bodies of water may be used to satisfy minimum lot size.

C. No structure of any kind shall be constructed within 100 feet of Hydric A soils with the exception of structures no greater than 400 square feet.

D. No structure of any kind shall be constructed within 50 feet of Hydric B soils with the exception of structures no greater than 400 square feet.

E. Where an existing structure within the hydric soils setback area is destroyed or in need of extensive repair, it may be rebuilt provided that such re-building is completed within two years of the event causing destruction. The new or re-built structure shall not extend further into the wetland or wetland setback area than the original footprint. (Amended 03/08/2005)

F. Structures and uses existing at the time of the adoption of this Ordinance may be continued provided that such use shall not be expanded to further encroach upon the wetlands and hydric soils or hydric soils setback areas. (Amended 03/08/2005)

G. Existing natural vegetation in both the hydric soil A and B setback areas must be retained in a buffer setback area not less than twenty-five feet wide. Applicants may removed dead or diseased trees within this area, unless such trees have already fallen, but must retain all other existing trees or other vegetation and must ensure that this area is not cleared or mowed but is maintained as a natural buffer and is clearly marked by plastic discs mounts on trees or by visible stakes or monuments with markers or inscriptions bearing the words, “hydric soils setback area: do not mow or clear”. (Added 03/08/2005)

ARTICLE 7.6 SPECIAL EXCEPTIONS (Amended 03/1998)

A. Special exceptions may be granted by the Board of Adjustment for the following uses within the hydric soils setback areas specified in Articles 7.5C and 7.5D and, if necessary, within the Wetlands and Hydric Soils Conservation District, if it can be shown that such use will not conflict with the purposes and intent of Article 7.1. Proper evidence to this effect shall be submitted in writing to the Board of Adjustment. (Amended 03/08/2005)

1. Streets, roads, and other access ways and utility right-of‑way easements. If such location is essential to the productive use of land not so zoned, and so constructed as to minimize any detrimental impact of such use upon the Wetland and Hydric Soils Conservation District and the hydric soils setback areas specified in Articles 7.5C and 7.5D. (Amended 03/08/2005)

2. The construction of wharfs, footbridges, catwalks, fences, water impoundments and beaches. The Building Inspector shall ensure that all construction conforms to standard construction requirements.

3. On vacant lots of record. The construction of new structures within the hydric soils setback areas specified in Articles 7.5C and 7.5D or within the Wetlands and Hydric Soils Conservation District, provided the structure is placed and designated to minimize the impacts on wetlands and hydric soils. (Amended 03/08/2005)

B. The Kensington Conservation Commission shall submit their comments on the anticipated environmental effects to these uses on the area proposed for such use, which will be used by the Board of Adjustment in its decision. If deemed necessary by the Board of Adjustment, the Rockingham County Conservation District shall be consulted, at the applicant's expense, to review and comment on the anticipated environmental effects of the proposal.

C. All necessary state permits and approvals required by State Statutes shall be obtained prior to local special exceptions being granted.

ARTICLE 7.7 PROCEDURE FOR REVIEW

A. Building Permits for Individual Lots: (Amended 03/1998)

1. Lots of Record ‑‑ The Building Inspector shall check the location of proposed construction relative to the Wetlands and Hydric Soils Conservation District to ensure compliance with Article 7. Wetland information from the Wetland and

Hydric Soils Conservation District map or on site inspection as referenced in Article 7.2 and shall be submitted to and reviewed by the Building Inspector. The person applying for a building permit shall gather necessary information.

2. New Lots ‑‑ The Building Inspector shall rely on the review of the Test Pit Inspector, as required by Article 7.5.

B. Subdivision Proposals:

Upon receiving a subdivision proposal, the Planning Board shall check the location of all proposed new lots relative to the Wetlands and Hydric Soils Conservation District to ensure compliance to the Article. The Town of Kensington Test Pit Inspector shall include, as part of his site information, whether the special provisions of Article 7 have been met.

ARTICLE 7.8 PROCEDURE FOR APPEAL OF WETLAND CLASSIFICATION (Amended 03/1998)

In the event that an area is alleged to be incorrectly designated on the Wetland and Hydric Soils Conservation District Map, the person or persons aggrieved by such designations, or the Planning Board or Test Pit Inspector, may call upon the services of a certified soil scientist to examine the area in question and report on the actual location of the Wetland area. Such investigation shall be undertaken at the expense of the person or persons so aggrieved.

ARTICLE 8 DISTRICT OF RESIDENTIAL AND AGRICULTURAL USE ‑ RA I

ARTICLE 8.1 GENERAL PURPOSE

These regulations and restrictions are for the purpose of regulating the use of land, and the location and construction of buildings in the Town of Kensington, while insuring safety from fires, protection of water, and other natural resources and preservation of rural charm.

ARTICLE 8.2 DEFINITIONS

When used in this district the following terms shall have the meanings given to them in this section:

A. Abutter ‑ means any person whose property is located in New Hampshire and joins or is directly across the street or stream from the property to be considered or under consideration by the Board. For purposes or receiving testimony only, and not for purposes of notification, the term abutter shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration or to be considered.

B. Agricultural use ‑ shall mean land used for agriculture, farming, dairying, pasturage, apiculture, horticulture, floriculture, silvaculture and animal and poultry husbandry.

C. Billboard ‑ A sign which directs attention to a business, product, activity or service which is not conducted, sold or offered on the premises where such a sign is located.

D. Boarding or Rooming House ‑ A dwelling in which living space without kitchen facilities is rented to three or more persons with or without meals.

E. Building ‑ Any structure having a roof supported by columns or walls and intended for shelter, housing, or enclosure of persons or animals.

F. Business Sign ‑ A sign which directs attention to a business, profession, service, product, activity or entertainment sold or offered upon the premises where such a sign is located.

G. Cluster dwelling ‑ a group of two or more dwelling units sharing a common lot whether or not in a planned unit development.

H. Commercial ‑ is a business involved in the exchange, buying or selling of commodities and/or services as a merchant for financial profit whether wholesale or retail, exclusive of agricultural products.

I. Driveway ‑ A single access to and from a public way with separate entrance and exit lanes, except in the case of dwellings in which case a driveway need not have separate entrance and exit lanes unless required as a condition of the building permit.

J. Dwelling unit ‑ means a single unit providing complete independent living facilities, eating, cooking, and sanitation.

K. Frontage ‑ means that portion of a property line bordering on a highway street or right of way.

L. Hazardous Waste ‑ Solid, semi‑solid, liquid or contained gaseous waste, or any combination of these wastes which may cause or contribute to an increase in mortality or illness required as a condition of the building permit.

M. Home Occupation ‑ is a business located in a single dwelling unit which displays or sells stocks of goods, wares, services or merchandise, to the general public including among others: retail stores, shops, salesrooms, professional services and where such use is clearly incidental to the use of the building as a residence.

N. Industrial ‑ is a business enterprise which employs a labor force to manufacture, process or supply a product for wholesale distribution.

O. “In-Law” Apartment - a dwelling unit attached to a primary dwelling unit for the purpose of housing an immediate family member with special needs, such as an elderly relative or a handicapped relative.

P. Junk Yard ‑ An unroofed area where waste materials are bought, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags and bottles. (See also RSA 236:112)

Q. Lot ‑ means a parcel of land at least sufficient in size to meet the minimum requirement for use coverage and area and to provide required yards and other open spaces. An undersize lot is permissible if it passes state standards for soil conditions and substantially meets the requirements here and if in existence at time of passage of this ordinance.

R. Machinery Junk Yard ‑ Any yard or field used as a place of storage in which there is displayed to the public view junk machinery or scrap metal that occupies an area of five hundred (500) square feet or more.

S. Manufactured housing ‑ as defined by RSA 674:31‑any structure transportable in one or more sections, which in the traveling mode is 8 body feet or more in width and 40 body feet or more in length or when erected on a site is 320 sq. ft. or more and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation and connected to the required utilities which include plumbing, heating, and electrical heating systems contained therein.

T. Mining and excavation operations ‑ any venture, private or commercial which uses land or any portion of land or slopes for the removing of sand, gravel rock, soil or construction aggregate from the premises, the purpose of which is primarily financial profit rather than incidental to the lawful construction or alteration of a building, or change in landscaping, or part of agricultural activities.

U. Motor Vehicle Junk Yard ‑ Any business and any place of storage or deposit, whether in connection with another business or not, which has stored or deposited two or more unregistered motor vehicles which are no longer intended or in condition for legal use on the public highways, or used parts of motor vehicles or old iron, metal, glass, paper, cordage, or other waste or discarded for second hand material which has been a part or intended to be a part of any motor vehicle, the sum of which parts or material shall be equal in weight to two or more motor vehicles. Motor vehicle junk yard shall also include any place of business or storage or deposit of motor vehicles purchased for the purpose of dismantling the vehicles for parts or for use of the metal for scrap and where it is intended to burn material which are parts of a motor of a motor vehicle or cut up the parts thereof. As per RSA 236:112.

V. Multifamily apartment house ‑ means a building or portion thereof containing more than two dwelling units and not classified as a one or two family dwelling.

W. Non-conforming ‑ means use of land, building or premise which is not a use permitted by the provisions of this ordinance for the district in which such land, building or premise is situated.

X. One family dwelling ‑ a building containing one dwelling unit.

Y. Parking Space ‑ An area having a width of not less than nine (9) feet and a length of not less than twenty (20) feet for a passenger vehicle and not less than fifteen (15) feet wide and forth (40) feet in length for each truck, tractor trailer combination, or bus exclusive of traffic.

Z. Permanent resident ‑ means an individual or family using any building continuously as a residence for a period of six months or more.

AA. Qualified soil scientist ‑ a person qualified in soil classification and who is recommended or approved by the Rockingham County Conservation District Supervisors.

AB. Right of way ‑ means and includes all present and proposed town, state and federal highways and the land on either side of same as covered by statutes to determine the width of the right of way.

AC. Scenic roads ‑ any one of several roads in the Town which, in accordance with RSA 231:157 have been so designated by the townspeople and thereby afforded the protection of RSA 231:138 from any reconstruction with respect thereto.

AD. Set back ‑ means the distance between the nearest portion of a structure and a lot or right of way line whichever is closer.

AE. Structure - anything constructed or erected on or in the ground, or in the water, or an attachment to something having a fixed location on the ground, such as buildings, permanent or temporary; signs, carports, porches, swimming pools and other building features, including communication towers and antennas but not including sidewalks, fences, driveways, septic systems, boundary markers, field or garden walls or embankment retaining walls, land drainage, sediment, and erosion control structures. (Added 03/13/2001)

AF. Two family dwelling ‑ means a building containing two dwelling units.

AG. Wood Processing Operation - the process of changing trees or tree length wooden logs into firewood, lumber or other smaller sized wooden materials for resale. This operation is a commercial venture unless 51% of the wood comes from the lot of land upon which the processing occurs or from another property located in Kensington, which is under common ownership with the lot of land upon which the processing occurs. (Added 03/12/2002)

ARTICLE 8.3 SPECIFIC REQUIREMENTS OF THE RESIDENTIAL ‑ AGRICULTURAL DISTRICT

A. Restrictions

1. There shall be no more than one single-family dwelling or residence on a lot of record. (03/11/1980)

2. Commercial and industrial uses, mining excavation operations, home occupation, two family dwellings, cluster dwellings and multifamily apartment houses are prohibited in this district except as provided in Article 8.4.

3. Trailer parks and mobile home parks are specifically prohibited in this district.

4. Racetracks or test tracks for motor vehicles whether ovals, drag strips, or other configurations are prohibited within this district.

5. All agricultural use is permitted in this zone except as restricted below:

a. Kennels and veterinary hospitals are permitted subject to the requirements of the commercial use of land. However, the boarding, breeding, training, treatment or disposing of racing dogs shall not be permitted.

b. Mink farms are specifically prohibited.

B. Land Requirements

1. The lot area of any dwelling or residence shall not be less than two (2) acres except that one dwelling may be located on a lot of less than two acres providing this lot has been duly recorded in the County of Rockingham Registry of Deeds at the time of passage of the ordinance. (1959) (Amended 03/08/1997)

2. Every building lot shall have a minimum frontage of two hundred (200') feet abutting upon a publicly maintained street or road, subject to RSA 674:41 II. (03/14/1961) (Amended 03/08/1997 and 03/12/2002)

3. Building lots must meet the following requirements based on soil conditions:

a. All test pits and percolation tests shall be performed in the presence of a qualified test pit inspector approved by the selectmen;

b. Soil types determine lot sizes according to the requirements of Table #1 of subdivision Regulations for the Town of Kensington. Determination of soil types shall be made by qualified Soil Scientist using published soil data with on site inspection as necessary;

c. All septic systems must meet the minimum standards imposed by the New Hampshire Water Supply and Pollution Control Commission. After installation, the septic system must also be approved by the test pit inspector before it is covered over;

d. No septage, waste or sludge disposal system shall be located in wetland soil as defined by the Town of Kensington Wetland ordinance. No structure of any kind shall be placed on wetland soil as defined by the Town of Kensington wetland ordinance; and

e. The test pit inspector is authorized to consult with a qualified engineer prior to approving the proposed septic system. All fees applicable to this section will be charged to the builder and are payable to the inspector.

C. Site Requirements ‑ there shall be observed the following setbacks in the construction of new structures or in the relocation of existing ones.

1. A structure or addition shall not be located nearer than 25 feet from the property lines of any abutter and not nearer than 50 feet from any structure on an abutter's property.

2. There shall be a minimum depth of 25 feet between the nearest right of way and any structure.

D. Building Requirements

1. Every structure including manufactured housing to be used as a dwelling unit shall have a minimum living area of six hundred and fifty (650) sq. ft. (03/09/1971)

2. Manufactured housing used as a dwelling unit shall be subject to all the land, site and building requirements of any other dwelling unit. These regulations shall not be construed to prohibit permanent residents from storing on their premises unoccupied vacation type trailers or so called camper bodies owned by them and used for bonafide vacation purposes. Trailers used for field office or storage in conjunction with construction projects which meet acceptable sanitary standards may be permitted by the selectmen for periods of sixty (60) days subject to renewal as required.

3. Structure Height. The maximum height of the highest door or window shall be thirty-two (32) feet, measured vertically from the bottom of the window or door to the finished grade below. (Added 03/13/2001, Amended 03/09/2004)

ARTICLE 8.4 USES OTHER THAN SINGLE FAMILY DWELLINGS (03/12/1985) (Amended 03/09/2004)

A. Special Exceptions ‑ Application for special exception for uses other than single-family dwellings will be made to the Board of Adjustment providing that no use will be permitted if:

1. the use could cause any adverse impacts to heath, safety, morals, welfare of the residents of the Town or neighborhood property values;

2. the use is not compatible to the nature and quality of the neighborhood; or

3. the use is offensive to the public because of noise, vibration, excessive traffic, unsanitary conditions, noxious odor, smoke, nature of the activity or other similar reasons.

For the purposes of any special exception application for business, commercial or industrial ventures, the term “abutter” shall include all owners and/or occupiers of property, any portion of which is within 300 feet of any boundary line of the property proposed for the special exception. All abutters shall be notified by the Board of Adjustment by certified mail at least ten days prior to any public hearing regarding the site. The names and addresses of the abutters shall be supplied by the applicant. In addition to the provisions of this Article 8.4, the Board of Adjustment shall require the applicant to comply with the provisions of Article 9, including but not limited to Article 9(E).

B. Special exception for business, commercial or industrial ventures

1. Business, commercial or industrial ventures are permitted in this district through a "special exception" as granted by the Board of Adjustment.

2. After permission through "special exception" is granted by the Board of Adjustment, the application will be referred to the Planning Board for site plan review. A permit for intended use must be issued by the Planning Board.

3. Site Plan Review ‑ In addition to the site plan review regulations as adopted by the Planning Board in Chapter 4, the following requirements apply:

a. the minimum lot size shall be 2 acres with a minimum two hundred fifty (250) feet of frontage on a town approved street;

b. there shall be not less than fifty (50) feet setback from a structure or a parking lot to a lot line and not less than one hundred (100) feet setback from the established right of way. Grass or beautification shall be present in the buffer area between the right of way and a structure or parking lot; and

c. any change in the nature of the grounds upon which the original approval was granted requires a re‑application and a new public hearing as provided.

4. Signs

For the purpose of this ordinance all signs and billboards are classified as commercial use and shall be permitted only if conformity with Chapter II Planning and Zoning, Article 10 Signs. (Amended 03/10/2009)

No billboard not existing at the time of the adoption of this ordinance or during the year preceding this adoption shall be permitted. (03/12/1985)

No sign shall project within the limits of a public highway except when placed by the governmental unit having jurisdiction over such highway or be placed so as to obstruct the view of any highway intersection or so as to endanger traffic.

No sign, banner or other advertising medium not especially permitted in the foregoing paragraph and no sign over 12 sq. ft. in area may be erected unless the Board of Selectmen shall rule that the same in a given case and location and under the conditions specified in the permit therefore is not injurious, offensive or detrimental to the neighborhood.

Signs may be illuminated by external continuous white lighting only.

Signs shall be limited to an overall height, including supporting structures to 15 feet above ground level.

The following signs are permitted and are unrestricted:

Signs pertaining to the lease or sale of the land or buildings on which placed.

Highway, park or other regulating signs of the Town or State of New Hampshire.

Signs of a temporary nature advertising events sponsored by nonprofit and civic organizations for the town.

C. Special exceptions for home occupation

1. Home products and produce may be bought and sold in this district subject to the following rules and regulations, by "special exception" as granted by the Board of Adjustment.

a. Where permitted within a single dwelling unit and only by the person or persons maintaining a dwelling therein who are permanent residents of the Town of Kensington.

b. Evidence of use: does not display or create outside the dwelling any evidence of home occupation except a permitted sign not to exceed four square feet in area. (Requires a sign permit.)

c. Extent of use: does not utilize more than twenty five (25) percent of the gross floor (including basement) area of the dwelling unit.

d. Permitted use: such use is clearly incidental and secondary to the use of the dwelling unit for residential purposes, and that adequate provisions are made for off street parking.

e. Persons proposing a home occupation under the above conditions shall apply to the Board of Adjustment for a "special exception". A public hearing and notification of the abutters shall be made as previously stated.

f. Permit required: site plan review ‑ after obtaining a "special exception" by the Board of Adjustment, persons proposing a home occupation shall apply to the Planning Board for approval of their plan and permission to proceed with the proposed use.

g. Any change in the nature of the grounds upon which the original approval was granted requires a re-application and a new public hearing as provided. (Adopted 3/1994)

D. Special Exceptions for two family dwelling, multi‑family apartment house. (Amended 03/14/2000, 03/11/2003)

1. Two family dwellings and multi‑family apartment houses and cluster development shall be allowed providing that a "special exception" has been granted by the Board of Adjustment after a public hearing and notification of the abutters as previously stated.

2. Site plan review ‑ in addition to the site plan review regulation as adopted by the Planning Board in Chapter 4, the applicant shall comply with the following:

a. All ordinances governing residential buildings in this district;

b. The minimum lot size shall be 2 acres for the first dwelling unit plus one acre per unit for each unit thereafter, and also in accordance with the minimum lot size and calculations regulations. Minimum frontage shall be 250 feet for the first dwelling unit plus 100 feet for each unit thereafter;

c. Off street parking shall be for a minimum of 450 sq. ft. per unit;

d. Building shall be limited to the ground level plus one level higher and one level lower;

e. All wiring, water, plumbing and septic systems shall meet the state and local requirements; and

f. Minimum living area of each dwelling unit shall be at least six-hundred fifty (650) sq. ft.

E. Special Exceptions for mining and excavation operations (Amended 03/14/2000)

No mining or excavation operation to remove earth materials off site is allowed in this district without a special exception granted by the Board of Adjustment and a duly authorized permit for this use in accordance with Chapter V, Article 1 of the Kensington Public Safety and Welfare regulations and RSA 155:E.

F. Special Exception for “In-Law” Apartment (Adopted 03/14/2000)

“In-Law” apartments are permitted by special exception in the RA Zone subject to the following conditions as well as those general conditions for special exceptions enumerated in Article 8.4.

1. The primary dwelling unit and the in-law apartment must share water and septic facilities, although they may have separate electrical services and separate telecommunications services.

2. The in-law apartment must be attached to the primary dwelling unit.

3. No dwelling unit shall have more than one attached in-law apartment.

4. The owner of the property shall occupy one of the dwelling units as the owner’s primary residence.

5. The occupant(s) of the in-law apartment shall be an immediate family member of the occupant of the primary dwelling unit.

6. The living area of the in-law apartment shall not be more than one-third of the living area of the entire dwelling, nor shall it contain more than one bedroom, nor shall it be less than 350 square feet in heated living area.

7. Prior to any renovations or construction the owner shall provide evidence to the Town Board of Health that septic facilities are adequate for two dwelling units with the number of bedrooms contained herein.

8. The in-law apartment shall conform to all applicable electrical, structural, water, and sanitary standards for residential buildings.

9. Two off-street parking spaces must be provided for each unit; two of said four spaces shall be freely accessible.

10. In-law apartments shall be required to have a Certificate of Occupancy before occupancy.

11. A copy of the letter from the Board of Adjustment authorizing the special exception shall be recorded at the Rockingham County Registry of Deeds, indexed under the name of the property owner and evidence thereof shall be presented to the Building Inspector prior to the issuance of a Certificate of Occupancy for said in-law apartment. All such special exceptions will contain a provision which states substantially as follows: “Upon the cessation of occupancy by an immediate family member, the owner hereby acknowledges, and purchasers are put on notice, that the apartment is to be used by immediate family members only and may not be occupied by others. The fact of a second dwelling unit having been constructed, with separate kitchen and bathroom facilities, shall not be used as grounds for obtaining a variance to permit the apartment to be rented to other than family members”.

G. Special Exceptions for Multi-family housing for the purpose of affordable/workforce housing per NH RSA 674:58-61. (Adopted 03/10/2009)

1. Multi-family for the purpose of affordable/workforce housing per NH RSA 674:58-61 shall be allowed in the district of commercial and industrial use provided that a “special exception” has been granted by the Board of Adjustment after a public hearing and notification of the abutters as previously stated.

2. Site Plan Review – in addition to the site plan review regulation as adopted by the Planning Board in Chapter 4, the applicant shall comply with the following:

a. All ordinances governing residential buildings in this district;

b. The minimum lot size for Multi-family housing for the purpose of workforce housing shall be 2 acres. Minimum frontage shall be 250 feet;

c. A minimum of two off street parking spaces shall be provided for each dwelling unit;

d. If not specified in this section all land requirements, site requirements, and building requirements shall conform to those established in Article 8.3, sections B, C and D.

3. Affordability for the purpose of Affordable/Workforce Multi-Family Developments.

a. Certification of Income Levels. For the purpose of Affordable/Workforce Multi-Family developments in order to ensure that only eligible households purchase/rent the designated affordable housing units, the purchaser/renter of an affordable unit must submit copies of their last three years federal income tax returns and written certification, verifying that their annual income level, combined with household assets, does not exceed the maximum level as established by this ordinance. The tax returns and written certification of income and assets must be submitted to the developer of the housing units, or the developer’s agent, prior to the transfer of title. A copy of the tax returns and written certification of income and assets must be submitted to all parties charged with administering and monitoring this ordinance, within 30 days following the transfer of title.

b. Assurance of continued affordability. Affordable units offered for sale and approved by the Planning Board as part of a subdivision or site plan and subject to NH RSA 674:58-61 shall require a restrictive covenant and lien granted to the Town of Kensington. The initial value of the lien shall be equal to the difference between the fair market value of the unit and its reduced affordable sale price, which is indexed according to the qualifying income standards. The Town of Kensington’s lien is indexed over time at a rate equal to the consumer price index identified in the restrictive covenant and lien document. Future maximum resale limits shall be calculated as the fair market value minus the adjusted lien value and a transaction administrative fee. Subsequent sales prices are not limited based on income targets, but on the combination of the housing unit’s fair market value, minus the adjusted lien value, and adherence to the definitions of affordable owner-occupied housing contained in this article.

The restrictive covenant and lien shall be in a form approved by the Planning Board and shall be in effect for a minimum of 30 years upon Planning Board approval of said affordable units.

c. Affordable housing rental units shall limit annual rent increases to the percentage increase in the area median income, except to the extent that further increases are made necessary to hardship or other unusually conditions subject to review by the monitoring agency.

d. Documentation of restrictions. Deed restrictions, restrictive covenants, or contractual arrangements related to dwelling units established under this Section must be documented on all plans filed with the Town’s Planning Board and with the Registry of Deeds.

4. Administration, Compliance and Monitoring for the purpose of Affordable/Workforce Multi-Family

a. This Article shall be administered by the Planning Board in the context of Site Plan Review. Any person who applied for approval of a development that is intended to qualify as workforce housing shall file a written statement of such intent as part of the application and shall be subject to the provisions of NH RSA 674:58-61.

b. Certificate of Occupancy. No certificate of occupancy shall be issued for an affordable housing unit without written confirmation of the income eligibility of the tenant or buyer of the affordable housing unit and confirmation of the rent or price of the affordable housing unit as documented by an executed lease or purchase and sale agreement.

c. Ongoing responsibility for monitoring the compliance with resale and rental restrictions on affordable units shall be the responsibility of a monitoring agency of the Planning Board’s choice including, but not limited to, the New Hampshire Housing Finance Authority. If the Planning Board’s choice for monitoring and compliance is the New Hampshire Housing Finance Authority then the owner of said affordable units shall follow the requirements as set forth in the New Hampshire Housing Finance Authority’s Model for Homeownership Affordability Retention Lien as amended.

5. Annual Report. The owner of a project containing affordable units for rent shall prepare an annual report certifying that the gross rents of affordable units and the household income of tenants of affordable units have been maintained in accordance with this Article. Such reports shall be submitted to the monitoring agent or their designee and shall list the contract rent and occupant household incomes of all affordable housing units for the calendar year.

ARTICLE 8.5 SENIOR HOUSING ORDINANCE (Amended 03/11/08)

The Kensington Senior Housing District shall be governed by all provisions of the Kensington Zoning Ordinance and the Kensington Subdivision Regulations unless preempted by the provisions below.

A. Authority and Purpose. The purpose of this ordinance is to permit the development of affordable housing specifically suited to address the special housing needs of the elderly. It is in the public interest and for the general welfare of the Town to permit the development of such housing throughout the community, in appropriate locations. It is the purpose of this ordinance to encourage housing that will enable the residents of Kensington to continue to live in their community as their housing needs change over time. This ordinance was established in order to meet the goals related to housing set forth in the Kensington Master Plan. Additionally, in implementing this ordinance, Kensington has considered the region’s affordable housing need as defined in the Rockingham Planning Commission’s Regional Housing Needs Assessment. This ordinance is based on the authority of NH RSA 674:21 I(k), Inclusionary Zoning.

B. Applicability. All permanent residents or occupants shall be at least 62 years of age. Occupant shall mean any person who stays overnight in a unit for more than twenty-one days in any sixty-day period or for more than 30 days in any 12-month period. The over 62 age restriction shall not apply to employed caretakers as defined in this ordinance who stay overnight to provide nursing or physical assistance care to a unit resident in accordance with a medical evaluation that such care is necessary, or to a family member who provides such care, or to related family members who are over the age of twenty-one and who have a physical or mental disability as determined by applicable law. No more than one caretaker whether a family member of a employee may stay with the permanent resident.

C. Definitions

1. Affordable owner-occupied housing. Housing in which the total cost of mortgage plus principal and interest, mortgage insurance premiums, property taxes, association fees and homeowner’s insurance does not exceed 30 percent of the maximum allowed income of the purchaser. The calculation of housing costs shall be based on current taxes, a 30-year fixed rate mortgage, a 5 percent down payment, and prevailing mortgage rates within the region. Area Median Income (AMI) is the median income of the greater region, either the HUD Metropolitan or Non-Metropolitan Fair Market Rent Area to which Kensington belongs, as it is established and updated annually by the United Stated Department of Housing and Urban Development.

2. Assets – as defined as “Net Family Assets by 24 CFR Part 5, Subpart F, and as amended from time to time.

3. Income – as defined as “Annual Income” by 24 CFR Part 5, Subpart F, and as amended from time to time. The definition of income considers both wage income and assets.

D. Assurance of Continued Affordability. In order to quality as affordable housing under this ordinance, the developer must make a binding commitment that the affordable housing units will remain affordable for a period of 30 years. This shall be enforced through a deed restriction, restrictive covenant or a contractual arrangement through a local, state or federal housing authority or other non-profit housing trust or agency. For the 30-year term, the deed restriction, restrictive covenant or contractual arrangement established to meet these criteria must make the following continued affordability commitments:

Affordable housing units offered for sale shall require a lien, granted to the Town of Kensington, to be placed on each affordable unit. The value of the lien shall be equal to the difference between the fair market value of the unit and its reduced affordable sale price, which is indexed according to the qualifying income standards. The municipality’s lien is inflated over time at a rate equal to the Consumer Price Index (CPI). Future maximum resale values shall be calculated at the fair market value minus the CPI adjusted lien value. Subsequent sales are not limited based in income targets, but the combination of maintenance of the municipality’s lien and adherence to this ordinance’s definition of Affordable Owner Occupied Housing for a period of 30 years.

Note: This definition is required by the NHHFA if the community wishes to have NHHFA Administer their ordinance. Alternate methods for continued affordability exist, such as the Workforce Housing Coalition for the Greater Seacoast’s “Affordable Housing Restrictive Covenant and Agreement” which requires limiting equity appreciation to an amount not to exceed 25 percent of the increase of the affordable housing unit’s value, as determined by the difference between fair market appraisal at the time of purchase of the property and a fair market appraisal at the time of resale, with such adjustments made by the seller and necessary costs of sale.

E. Location. Affordable Senior Housing Developments may be located on any parcel, but location must be based on consideration and review by the Planning Board of the following factors:

1. Proximity to municipal fire and safety services including accessibility and consideration of flood-prone access routes.

2. Proximity of community services. The location of elderly housing developments must be based on a consideration of the proximity of Kensington services and facilities that may meet the special needs of the elderly, including community services, medical offices or services, and municipal services. The Planning Board shall take into consideration these factors when reviewing an application for elderly housing.

F. Affordability and Density Calculation. Any development that provides 20 percent of the units as affordable housing shall be eligible for a density bonus of one unit. Every development seeking approval under this section shall provide the planning board with covenants or deed restrictions that shall provide for the perpetual continuation of the affordability of those units designated as affordable consistent with the provisions of this ordinance. Said easements, covenants, or deed restrictions shall be reviewed by a qualified legal counsel on behalf of the town (at the developer’s expense) and approved by the planning board prior to the issuance of any building/structure permit and prior to plan approval. Longer-term monitoring of affordability of the units must be arranged with a third-party approved by the Planning Board, such as the Housing Partnership or the New Hampshire Housing Finance Authority. In no case shall more than ten units plus the bonus unit (for a combined total of eleven allowed units) be built in any single development or project whether on separate lots or contiguous lots. No two developments approved under this ordinance may be contiguous.

G. Affordable Housing Definition. Affordable housing shall be defined, for the purposes of this ordinance as housing affordable to households with incomes up to 90 percent of the Area Median Income. In the event that the potential homebuyer’s assets are composed not of income but of other assets, the developer shall develop a standard form to be used for an inventory of assets to be considered in calculating assets equivalent to the 90 percent level above. This inventory shall be reviewed by town counsel as well as a third party designated and approved by the Planning Board such as New Hampshire Housing Finance Authority, at the developer’s expense.

H. Maximum Percentage of Elderly Housing. The maximum number of units of elderly housing, including both affordable housing as defined above and all other units shall not exceed 5 percent of the total housing stock in the Town of Kensington. When the 5 percent limitation is reached, no additional units may be built until the overall housing stock increases such that the percentage of elderly housing units is less than 5 percent.

I. Phasing. All elderly housing developments shall include a phasing plan in order to insure the proper installation of infrastructure and to provide for the development of the affordable units concurrently with the market-rate units. No phasing plan shall provide that the affordable units built are the last units to be built in a development. All affordable units must be constructed and completed before the final ten percent of the market rate units are completed and marketed.

J. Exterior appearance. The design and site layout of all elderly housing developments shall compliment and harmonize with the rural character of the Town of Kensington, shall maximize the privacy of dwelling units and shall preserve the natural character of the land.

The exterior appearance of affordable housing units in an elderly housing development shall be made similar to market rate units by the provision of exterior building/structure materials and finishes substantially the same in type and quality. Developers are encouraged to utilize energy star fixtures, appliances, and energy efficient building/structure materials to reduce the cost of living in the unit to the homebuyer or renter over time. The affordable housing units must be clustered together separate from market rate units but must be dispersed among all units.

K. Pedestrian safety and access. All elderly housing developments shall provide for pedestrian access within the development and to the extent possible, to off-site community facilities and neighborhoods. Pedestrian access must be physically separate from the roadway to ensure safety and provisions to maintain pedestrian ways such as sidewalks or paths must be contained in the homeowner’s association documents or rental agreements.

L. Size. The square footage of living space in any unit shall be limited to a minimum of 750 square feet and a maximum of 1,500 square feet. Living space shall be defined as any space in the unit which could be used for sleeping, working, dressing, cooking, dining, or other normal life activities, and shall include unfinished as well as finished space. Hallways, closets, storage space, bathrooms, lofts, bedrooms, and all other rooms or areas shall be included in the living space. Attic storage spaces with a ceiling height lower than 5 feet as measured from floor to ceiling shall not be included as living space. One-story garages shall not be included as living space. Second floor areas above garages or garage lofts that may be converted to living space shall be considered living space.

No building/structure shall be greater than two stories high. No unit shall contain more than two bedrooms. Units shall be designed to maximize energy conservation to the extent possible, including the use of energy-efficient appliances, windows, insulation, and other building/structure envelope elements. Units shall be designed to provide access to emergency notification systems for residents’ use. Such systems shall include notification to fire, ambulance and police.

M. Recreation area. All developments shall provide areas for active recreation, completed before the final ten percent of the market rate units are completed and marketed, incorporating walking paths, trails, or physical fitness facilities suitable to the needs to elderly residents. The recreation area and any required facilities should be completed during the first phase of the development as shown in a phasing plan that must be included as part of the submitted plan set.

N. Conflict of laws and severability. Unless otherwise indicated, all other applicable provisions in the Town of Kensington zoning ordinance and subdivision regulations shall also apply to elderly housing developments. Where two conflicting provisions exist, the more restrictive provision shall apply. If any part of this ordinance is found to be invalid, it shall not affect the validity of any other section.

O. Dimensional Requirements. The base density, or starting density in determining how many units will be allowed in a particular development, is one unit per every two acres.

There are no required minimum lot sizes or setbacks, except as described below. No building/structure shall contain more than four units and no two buildings/structures shall be closer than 35 feet to each other, reflecting the rural character and community of a range of house sizes and historic buildings/structures in the Town of Kensington.

Each building/structure must have 100 feet of frontage on the internal or new road, if one is created. Each parcel to be developed shall have a minimum frontage of 100 feet on the existing town road. No building/structure may be closer than 100 feet to the property line, and all buildings/structures must be set back at least 100 feet from the existing town road.

All applicable setbacks for septic systems and wells shall apply where such are located on individual lots; however, the developer may design the community with a state-approved innovative septic system or community well that is located in recreational areas of the development.

P. Conservation or recreation area. All developments shall contain an area, excluding areas identified as hydric soils to serve as recreational area or conservation area. This area must constitute at least 50 percent of the parcel overall and 30 percent of the total buildable area of the development, excluding slopes greater than 25 percent. At least 50 percent of the area designated for conservation or recreation must be contiguous. The conservation or recreation area must be marked by appropriate permanent signage and must be accessible via a road or walking trail to the rest of the development.

Q. Access routes, off-site improvements and flood events. In reviewing the proposed location for elderly housing development, the Planning Board shall take into consideration the proposed access routes to the development and shall request the review of the plan by fire and safety officials to determine whether the roads included as the proposed access routes are prone to flooding during a typical 1-year storm event. The developer shall provide off-site improvements if required to do so by the Planning Board as a condition of approval to address flooding issues on main access routes in order to ensure the timely provision of emergency services.

The following table summarizes the key provisions of this ordinance.

Summary of Key Provisions

	Dimensional/numerical Requirements	Other
Location		Proximity to Kensington municipal services and consideration of flood-prone access routes
Affordability	20 percent affordable receives one unit bonus
Phasing	Elderly housing shall not exceed 5 percent of total housing stock
	Dimensional/numerical Requirements	Other
Number of units	No more than 11 units in any single development (10 plus one bonus)
Pedestrian access		Required in all developments
Size of units	750 to 1500 square feet
Emergency notification systems		Required in every unit
Recreation area		Areas for active recreation, must be completed during first phase of development
Building/structure	No more than four units per building/structure
Setbacks	35 feet between buildings/structures. 100 feet building/structure setback from any property line. 100 feet building/structure setback from the existing town road.
Frontage	100 feet frontage on an existing town road for every parcel. 100 feet frontage on internal or new road for every building/structure.
Wells and septic	Follow Kensington Zoning Ordinance and subdivision regulations.
Conservation area	50 percent of total parcel and 30 percent of buildable area of parcel, exclude slopes greater than 25 percent. 50 percent of conservation area must be contiguous.	Must be marked by appropriate signage and must be accessible via a road or walking trail to the rest of the development.
Off-site Improvements		May be required as a condition of approval where necessary to ensure safe access for emergency services on flood-prone routes.
Legal Review		Town counsel will review affordability covenants or deed restrictions. Qualification of/assets of potential buyers shall be determined by a third-party designated by the Planning Board.

ARTICLE 9 DISTRICT OF COMMERCIAL AND INDUSTRIAL USE (Adopted 03/10/1987, Amended 03/09/2004)

These regulations and restrictions are to provide for the orderly development and expansion of industrial and commercial businesses. Any authorized commercial or industrial use of land may continue in its present use, provided that it does not create conditions hazardous to public health or safety, and providing said use was permitted by a special exception to the zoning ordinance in place prior to the time the use began on the property or predates the zoning ordinance. Those residential and agricultural uses allowed in Chapter II Article 8, District of Residential and Agricultural Use are allowed in this District.

ARTICLE 9.1 SPECIFICATIONS OF THIS DISTRICT

A. DESCRIPTION AND PURPOSE

The CI‑1 District is established as a zone in which the principal uses of land is for commercial and industrial purposes, including service activities which normally would be considered supportive to business. The Building Inspector shall issue a permit only after approval of a site plan by the Planning Board after a formal public hearing about which the abutters have been notified, pursuant to Chapter IV, Site Plan Review Regulations for the Town of Kensington.

B. USES PERMITTED

1. Service and professional businesses, including retail shops, stores, personal service shops, research and development businesses and engineering services.

2. Inns, guest houses, boarding houses, and other establishments serving food and beverages.

3. Funeral homes and mortuaries.

4. Freight depots and terminals.

5. Automotive, truck, and bus repair shops, provided that there shall be no storage of motor vehicles, appliances and equipment on the premises other than those in process of repair or awaiting delivery or in an enclosed structure or required in the operation of the garages or repair shops. There shall be no sale of gasoline and related fuels in this district.

6. Light Industry, providing that they shall not cause injurious or obnoxious noise, vibration, smoke, gas fumes, odor, dust, light, radiation, fire hazard, or other objectionable conditions.

7. Storage ‑‑ All materials, supplies and equipment except that which is offered for sale on the premises, shall be screened from view from public ways or abutting properties.

8. Signs permitted after Site Plan Review by the Planning Board and providing:

a. no business sign shall project within the limits of a public highway except when placed by the governmental unit having jurisdiction over such highway or be placed so as to obstruct the view of any highway intersection or so as to endanger traffic.

9. Excavation operations are permitted as regulated by Chapter Five (5), Public Safety and Welfare Regulations.

C. USES PROHIBITED

1. Billboards;

2. Airports or heliports;

3. Dumps, junkyards, machinery, and motor vehicle junkyards;

4. The production or storage of hazardous materials;

5. The storage of explosive materials; and

6. Any new use of existing buildings or premises following the passage of this ordinance unless in compliance with the conditions herein and approved by the Planning Board by Site Plan Review.

D. LAND REQUIREMENTS

1. General Requirements ‑‑ In addition to other requirements in this Ordinance:

a. Determination of soil types shall be made by a Qualified Soil Scientist using high intensity soil information with on‑site inspection necessary. Lots containing more than one soil type must be sized based on a weighed average;

b. The Building Inspector shall issue a permit upon the finding by the Planning Board that the proposed location, construction, and operation will not injure present and prospective development in the district or the health and welfare of residence in the vicinity.

2. Site Requirements

a. The minimum lot sizes shall be two (2) acres or larger according to soil type. See j. below.

b. Minimum frontage is two hundred and fifty (250') feet on a Town approved street or State Highway.

c. Minimum front yard setback ‑‑ 100 feet from a Town approved street or State Highway to a structure.

d. Minimum side and rear yard setback ‑‑ 60 feet to a structure.

e. Maximum height of structures ‑‑ 2 stories or 35 feet, and the maximum height of the highest door or window shall be thirty-two (32) feet, measured vertically from the bottom of the window or door to the finished grade below. (Amended 03/13/2001)

f. Maximum coverage by structure and parking lots ‑‑ 60% of lot area.

g. Minimum driveway width ‑‑ 18 feet, except at an intersection, where a pavement radius of 50 feet shall be provided.

h. Maximum grade of driveway shall not exceed 5%.

i. Minimum all season safe sight distance at an intersection shall be 200 feet in both directions.

j. Minimum lot sizes for this zone shall be determined by application of the following formula utilizing specific soil types and slopes as found in the Town of Kensington Subdivision Regulations. In no case will a lot be less than two (2) acres.

Required Minimum Lot Size= (Q) (RLS)

2000

Note: Q = gallons of wastewater discharged per day and shall be based on the N.H. Water Supply and Pollution Control Commission standards found in the "Design Standards for Small Public Water Systems." An engineer may be employed by the Town to determine this amount at the owner’s expense.

RLS: Required lot size from Table 1 of Subdivision Regulations for Kensington plus land area needed for protective radius for a well.

k. Screening and buffering requirements.

1) Where land in this district abuts land in the residential/agricultural district, the width of the screened area shall be at least 50 feet.

2) The screened area shall abut the lot line and be densely planted with shrubs or trees which are naturally occurring or at least three (3) feet high at the time of planting and are of a type which may be expected to form a year round dense screen at least five (5) feet high within three (3) years.

The plant material shall be maintained in a healthy condition. Where, because of intense shade or soil conditions, the planting screen cannot be expected to thrive, a visually solid wooden fence or masonry wall be substituted provided that:

i. the remaining land required for screening is added to the buffer strip;

ii. required planting shall take place prior to occupancy, or if not possible because of the season of the year, at the next planting season; and

iii. the buffer area not covered by the screened area shall be covered with ground cover or landscaped.

l. Off street parking space shall be adequate for the proposed use.

1) parking space requirements for a building which has more than one use shall be computed for each use.

2) one off street parking space shall be required for each occupant, employee, visitor, and patron and shall be limited to motor vehicles and bicycles. The storage of merchandise, motor vehicles for sale, or the repair of motor vehicles is prohibited in this area.

3) required off street parking shall be provided on the same lot with the principle use at such time as any building or structure is erected, externally enlarged or increased in capacity.

m. Soil erosion shall be kept to a minimum by providing satisfactory sediment and run off water control. This shall meet the design standards and specifications set forth in the current "Erosion and Sediment Control Design Handbook" as adopted by the Rockingham County Conservation District. This shall include but not be limited to the following requirements:

1) natural vegetation shall be retained wherever possible and protected and supplemented;

2) storm drainage systems shall permit unimpeded flow of storm drainage from and off of parking lots and driveways; and

3) the proposed site shall accommodate any increased runoff created by changed soil or surface conditions.

n. Sewer facilities must provide for the disposal of solid liquid and gaseous waste in compliance with the rules and regulations of the N.H. Water Supply and Pollution Control Commission. No solid, toxic or hazardous waste may be stored in this district.

ARTICLE 10 SIGNS (Adopted 03/10/2009)

ARTICLE 10.1 PURPOSE

The purpose of this article is to encourage the effective use of signs as a means of communication in the Town while maintaining and enhancing the aesthetic environment.

ARTICLE 10.2 DEFINITIONS

These definitions apply only to this article.

Animated sign: Any sign that uses movement or change of lighting to depict action or create a special effect or scene.

Banner: Any sign of lightweight fabric or similar material that is mounted to a pole or a building at one or more edges. National flags, state or municipal flags, or the official flag of any institution or business shall not be considered banners.

Billboard: A sign which directs attention to a business, product, activity or service which is not conducted sold or offered on the premises where such a sign is located.

Building Sign: Any sign attached to any part of a building, as contrasted to a freestanding sign.

Business Sign: A sign which directs attention to a business, profession, service, products, activity or entertainment sold or offered upon the premises where such a sign in located.

Changeable copy sign: A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged without altering the face of the surface of the sign. A sign on which the message changes more than eight times per day shall be considered an animated sign and not a changeable copy sign.

Commercial message: Any sign, wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.

Directory sign: Any sign containing the name of a commercial building, commercial complex or industrial development that contains the names of the businesses located in those buildings, complexes, or developments. Advertisements for lease, rent or purchase shall not be allowed on directory signs.

Flag: Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision or other entity.

Freestanding sign: Any sign supported by structures or supports that are placed on, or anchored in, the ground and that are independent from any building or other structure.

Incidental sign: A sign, generally informational, that has a purpose secondary to the use of the lot on which it is located, such as “no parking”, “entrance”, “towing zone” and other similar directives.

Pennant: Any lightweight plastic, fabric, or other material whether or not containing a message of any kind, suspended from a rope, wire, or string, usually in series, designed to move in the wind.

Political sign: Any sign or poster advertising a person’s or political party’s intent to run for any free election.

Portable sign: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported by means of wheels; signs converted to “A” or “T” frames; menu and sandwich board signs; balloons used as signs; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless said vehicle is used in the normal day-to-day operations of the business.

Real Estate sign: Any sign advertising the sale, lease or rental of any property.

Residential sign: Any sign located in a district zoned for Residential/Agricultural uses that contains no commercial message except advertising for goods or services, legally offered on the premises where the sign is located, if the offering of such goods and service conforms will all requirements of the zoning ordinance.

Sign: Any device, fixture, placard, or structure that uses any color, form, graphic, illumination, symbol, or writing to advertise, announce the purpose of, or identify the purpose of a person or entity, or to communicate information of any kind to the public.

Temporary sign: Any sign that is used only temporarily and is not permanently mounted.

Wall sign: Any sign attached parallel to, but within six inches of, a wall, painted on a wall surface of, or erected and confined within the limits of an outside wall of a structure, which is supported by such wall, and which displays only one sign surface.

10.3 SIZE, DESIGN, CONSTRUCTION AND MAINTENANCE

10.3.1 The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle, or combination thereof that will encompass the extreme limits of the writing, representation, emblem, or other display, together with any material or color forming an integral part of the back ground of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing, or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself.

10.3.2 The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point.

10.3.3 All signs shall be designed, constructed, and maintained in accordance with the following standards:

a) All signs shall comply with the latest approved version of the State Building Code and the National Electric Code and shall be maintained in good structural condition, in compliance with all building and electrical codes, and in conformance with this ordinance at all times.

b) Except for flags and temporary signs, all signs shall be constructed of permanent materials and shall be permanently attached to the ground, a building, or another structure by direct attachment to a rigid wall, frame or structure.

10.4 PROHIBITED, PERMITTED AND NON-CONFORMING SIGNS

10.4.1 The following signs are expressly prohibited in all zones.

a) Animated signs.

b) Banners.

c) Pennants.

d) Portable signs.

e) Off premises signs except for political signs.

f) Signs which imitate, and may be confused with, an official traffic control sign or signal, or an emergency or road equipment vehicle.

g) Signs which bear or contain statements, words, or picture of obscene, pornographic, or immoral character or which contains advertising matter which is untruthful, or as otherwise prohibited by State Law.

h) No advertisement shall be affixed, attached, or displayed upon any object of nature, utility pole, telephone booth, or highway sign per RSA 236:75.

i) No sign shall project within the limits of a public highway except when place by the governmental unit having jurisdiction over such highway or be placed so as to obstruct the view of any highway intersection or so as to endanger traffic.

10.4.2 The following signs are permitted in all zones and are unrestricted:

a) Real Estate sign pertaining to the land of buildings on which placed.

b) Highway, park or other regulating signs of the Town or State of New Hampshire.

c) Incidental signs.

d) Temporary signs advertising events sponsored by nonprofit and civic organizations for the town. Maximum time allowed is 30 days. Sign permit is required. See Section 10.5, Sign Permits and Fees.

10.4.3 The following signs are permitted in the Residential – Agricultural zone with the following restrictions:

a) For an agricultural business, they are permitted one or more Business sign(s) totaling 32 square feet of sign face.

b) For business, commercial or industrial ventures granted a special exception under Article 8.4.B, they are permitted one (1) Directory sign having a maximum of 32 square feet plus one or more Business signs(s) totaling 50 square feet of sign face. Subject to Planning Board Site Plan Review.

c) For home occupation granted a special exception under Article 8.4.C, they are permitted one (1) Residential sign having a maximum of four (4) square feet of sign face. Subject to Planning Board Site Plan Review.

d) Signs may be illuminated by external continuous white lighting only. Sign lighting shall be directed downward onto the sign so to minimize night sky light pollution.

e) Signs permitted in this section require a sign permit be issued before erection, installation or modification of any new or existing sign. See Section 10.5, Sign Permits and Fees.

10.4.4 Signs are permitted in the district of Commercial and Industrial Use with the following restrictions:

a) Business, commercial or industrial ventures listed under Article 9.1.B, are permitted one (1) Directory sign having a maximum of 32 square feet plus one or more Business sign(s) totaling 50 square feet or sign face. Subject to Planning Board Site Plan Review.

b) Signs permitted in this section require a sign permit which must be issued before erection, installation or modification of any new or existing sign. See Section 10.5, Sign Permits and Fees.

10.4.5 Non-conforming signs are signs that were legally in place and not in violation of any previous sign ordinance prior to the enactment of this ordinance and shall immediately lose its legal non-conforming status when:

a) The sign is altered in any way that its effect is more intensive and/or obtrusive.

b) The sign is relocated.

c) The sign has not be repaired or properly maintained within 30 days after written notice to that effect has been given by the Building Inspector or Board of Selectmen.

10.5 SIGN PERMITS AND FEES

10.5.1 Applications: All applications for sign permits of any kind shall be submitted to the Building Inspector on an application form.

10.5.2 Drawings: All applications for new signs or modified signs shall be accompanied by a detailed drawing to show the dimensions, design, structure, color and location of each particular sign. On application and permit may include multiple signs on the same lot.

10.5.3 Fees:

a) The sign permit fee will be $25.00.

b) Sign permit fees will be waived for Temporary signs.

10.5.4 Inspection: The Building Inspector shall schedule an inspection of all non-Temporary signs at such time as the owner has installed or modified the sign. If the construction is complete and in full compliance with this ordinance, and the building and electrical codes, the Building Inspector shall approve the sign. If the sign is found to be not in compliance with this ordinance or the building or electrical codes, the Building Inspector shall give the owner or applicant notice of the deficiencies and shall allow an additional 10 days for the deficiencies to be corrected. If the deficiencies are not corrected with the 10 day period, the sign permit shall become void.

A. Application

The owner or his agent shall apply in writing, addressed to the Chairman of the Board, through the Board's Secretary, for approval of such subdivision:

1. An application form, available through the Planning Board, shall be accompanied by the final plat and all information required by these regulations; or

2. If in any other form, the application shall be accompanied by all the information required by these regulations.

B. Submission

The application shall be filed with the Board at least twenty-one (21) days prior to a regularly scheduled Board meeting. Applications will be formally accepted only at such regularly scheduled meetings; and

1. shall be accompanied by a fee of $75 for minor subdivisions of three lots or less or a fee of $75 per lot for subdivision involving four or more lots and a construction inspection charge deposit if appropriate. Charges incurred because of technical review of documents or professional interpretation of data shall be paid by the applicant before final approval and signing of final plats; and (Amended 09/07/1989)

2. The meeting date on which the Board votes to accept the formal application shall become the date of Submission in accordance with Chapter 676:4,I (c) of the State of New Hampshire's Revised Statutes Annotated (RSA).

C. Notification ‑‑ Parties of Interest.

The Board shall, in accordance with the conditions of RSA 676:4,I (d):

1. notify the applicant and all abutters of record by certified mail as of not less than ten (10) days prior to the date of submission, that application is being made to the Planning Board; and

2. notify the general public of the same fact at the same time, by legal notice published in a newspaper of general circulation in Kensington and by posting at the Town Hall and one other public place.

D. Acceptance and Formal Consideration

If, at a Public Meeting for which parties of interest have been notified, the subdivision application be found complete and it is determined that all other requirements of these regulations have been met the Board shall:

1. vote on and subsequently note in its minutes whether the application for consideration by the Board has been accepted as a final plat and formal application;

2. begin formal consideration of the application within thirty (30) days after the submission date;

3. conduct a Public Hearing on the application in accordance with the procedures outlined in the Planning Board Rules of Procedure. Notices shall be given to parties of interest as required by Paragraph C of these regulations, stating the purpose, date and place of such Public Hearing; however, if the purpose, date and place of the Public Hearing has been made known at the meeting at which the application is submitted, no further notice will be required; and

4. act to approve or disapprove the application within sixty-five (65) days after the submission date unless an extension of time for action be granted in accordance with RSA 676:4,I (f); (Amended 12/06/2004)

E. Board Action

Following Public Hearing on a subdivision application, the Board shall;

1. act to approve or disapprove the application, and such action shall be final;

2. notify the applicant in writing of its action;

3. place a copy of the preceding notice in the office of selectmen within 72 hours;

4. in cases of approval, confirm any condition thereto; and

5. in cases of disapproval, state from the Board's Minutes the reasons therefore.

Any action to approve or disapprove an application must occur at a Public Meeting of the Board.

F. Modified Procedures

The above procedures shall be mandatory upon the Planning Board except when the Board is considering and acting upon:

1. Applications for minor lot line adjustments which do not create buildable lots. Such applications shall be subject to all the requirements and procedures stipulated above, except Paragraph 3.1,D.3.

2. Disapprovals of applications based upon:

a. failure of the applicant to supply information or data required by these regulations, including this section; and

b. failure on the part of the applicant to meet reasonable deadlines as established by the Board; or

c. failure on the part of the applicant to pay all required fees and charges.

No action herein under may occur other than at a Public Meeting of the Board, and notification to the applicant with respect to any action shall be made in accordance with Paragraph E.

G. Preliminary Consultation

The foregoing in this section notwithstanding, the Board, at its discretion may meet with an applicant at any regular Public Meeting of the Board for the following purposes:

1. To allow an applicant to present general statements of his intent, and location of his property;

2. To allow the Board an opportunity to briefly outline the necessary steps that a request for subdivision may take for Board approval;

3. To allow the Board an opportunity to discuss ways in which master plan recommendations and objectives may affect the proposal;

4. To allow the applicant an opportunity to understand the terms and conditions required by the Town's Land Use Ordinances; and

5. To allow the Board an opportunity to alert an applicant to specific concerns which should be addressed in final applications; and what additional studies may be required.

Parties of interest need no formal notification to conduct preliminary consultation, nor need the Board give any indication as to whether a presentation will be approved or disapproved. The preliminary consultation shall not be binding on the applicant or the Board, and shall not be considered as a submission of application as required by Paragraph B of these regulations.

H. Expedited Review ‑ Minor Subdivisions (Amended 8/21/2007)

A Public Hearing, with notice to abutters, will be required when the Board is acting on:

1. An application involving a proposal which creates not more than three (3) lots for residential building development; or

2. A proposal which does not involve creation of lots for building development purposes, such as a lot line adjustment.

In such cases, the Board may conduct an expedited review; however, no action to approve or disapprove an application may occur other than at a regularly scheduled Planning Board meeting and the abutters and all parties of interest must be given notice and the opportunity to be heard at the public hearing.

I. General Requirements

In no case will any action under these regulations, intermediate or final, be taken with respect to an application until all requirements precedent thereto, including payment of all fees and applicable charges have been met. No subdivision plan will be approved unless all provisions of applicable land use regulations and zoning restrictions are satisfied.

J. Construction Inspection Charges

Whenever a proposed subdivision involves street construction, the installation of structures for stormwater drainage, or other required construction improvements, the costs incurred by the Town in having required improvements inspected professionally shall be borne by the applicant. Prior to submitting final application for approval of a subdivision involving required improvements the applicant shall deposit with the Treasurer, Town of Kensington, a sum of two (2) percent of the estimated cost of construction of said required improvements, as determined to the satisfaction of the Board's Engineer. The amount deposited by this provision shall be used by the Treasurer for the purpose of paying the Board's Engineer to make required or necessary inspections. Refunds of unused money will be made to the applicant, however, overdrafts must be paid prior to final application approval or release of Performance Bonds filled with the Town.

ARTICLE 3.2 PRELIMINARY PLAT

With the exception of minor subdivisions, subdivision applications shall begin with the presentation of three copies of preliminary layout, as described in Article 5. This preliminary plat and presentation shall not be considered as a formal application for subdivision approval. However, all parties of interest shall be notified of such presentation. The Planning Board and any necessary experts will study the preliminary layout and proposed street profiles in relation to the topography and site characteristics, the existing zoning restriction, and shall consult the Town's Master Plan to determine the applicability of stated goals and objectives.

ARTICLE 3.3 REVISION OF PRELIMINARY LAYOUT

Before presentation of a final plat and application for subdivision approval by the applicant, the Board shall hold discussion with the subdivider or his agent, and may hear and confer with other parties whose advice or counsel may be appropriate. After such discussions, the Board shall, within thirty (30) days communicate in writing to the applicant the specific changes, if any, which will be required in the preliminary plan, and to the necessity of posting a deposit for construction inspection charges.

ARTICLE 3.4 FINAL PLAT

ARTICLE 4.11 STORM DRAINAGE AND LAYOUT AND IMPROVEMENTS

Storm drainage systems shall be designed to permit unimpeded flow of all natural watercourses and to insure adequate drainage of storm water away from and off of streets and lots. Off site surface water shall be conducted safely through the project area.

A. The design of storm water management and measures shall be by the use of the Rational Method Formula or other approved method. The rainfall frequency to be used with the design of measures shall be as follows:

--Street drainage 25 year frequency

--Culverts and Retention ponds 100 year frequency

B. Storm drains, culverts, ditches, and related installations, including catch basins and any drop inlets shall be installed within and without the subdivision as necessary. All storm drainage structures and materials shall meet the standards set forth in Standard Specifications for Road and Bridge Construction, State of New Hampshire, New Hampshire Department of Public Works and Highways.

C. The proposed development will not cause any off‑site increases either during construction or once construction is completed in the rate of rainfall runoff for all storm events up to and including the 100 year event.

D. Measures will be taken to minimize impermeable areas and provide for adequate infiltration.

E. All pipes, except underdrains, shall be reinforced concrete, shall have a minimum diameter of twelve (12) inches and shall have a minimum of two (2) feet of cover below subgrade over all pipes.

F. Sod, paving or stone shall be provided in ditches where soil or velocity conditions warrants protection from erosion.

G. All driveways must conform to the Town of Kensington Driveway Regulations, reference Chapter V, Public Safety and Welfare, Article 2. (Adopted 06/1993)

ARTICLE 4.12 EROSION AND SEDIMENT CONTROL

No subdivision plan or site plan shall be granted approval unless it includes plans for erosion and sediment control. The developer shall bear the final responsibility for the installation and construction of all required soil erosion and sediment control measures according to the provisions of this section.

A. The developer shall submit a soil erosion and sediment control plan for the entire tract of land unless there is a determination by the Planning Board or its duly authorized agent that such a plan is not necessary. This plan shall consist of a drawing identifying the various measures proposed for control of erosion and sediment and their relative locations approved by the Rockingham County Conservation District.

B. All erosion and sediment control measures shall meet the design standards and specifications set forth in the current "Erosion and Sediment Control Design Handbook" as adopted by the Rockingham County Conservation District.

C. The following standards shall be used in planning for erosion and sediment control:

1. Whenever practical, natural vegetation will be retained, protected or supplemented. The stripping of vegetation will be done in a manner that minimizes soil erosion;

2. The distributed area shall be kept to a minimum and be protected from erosion during the winter months;

3. Measures will be taken to control sediment and retain it within the project area;

4. The permanent final vegetation and structures should be installed as soon as possible in the subdivision;

5. Increased runoff water caused by changed soil and surface conditions during development shall be retained in such a way as to not increase the peak discharge of runoff water occurring on the site before any development begins;

6. Sediment in runoff water shall be trapped and retained on the project area; and

7. Off‑site surface water shall either be diverted around or conducted safely through the project area.

ARTICLE 4.13 ELECTRIC AND TELEPHONE LINES

All electric and telephone lines shall be according to specifications set forth by the appropriate utility company. The approval of the utility plans by the utility company shall accompany the final plat.

ARTICLE 4.14 LIGHTING

Lighting shall be installed where it is deemed appropriate by the Planning Board, subject to approval of the Board of Selectmen.

ARTICLE 4.15 MONUMENTS (Amended 06/2003)

A. All monuments adjacent to and in the subdivision shall be shown on the plan(s).

B. Granite monuments at least four feet in length and four inches in diameter with suitable drill hole at the center point, shall be installed at the beginning and end of each curve at each street intersection on the right-of-way line, and at all front lot corners in the subdivision to establish the boundary lines of lots upon the ground with reasonable permanence. Iron pipes at least four feet in length shall be set at all other lot corners, at each end of all curves, at the point where a curve changes its radius, and at all angle points in any line. Each monument shall be set two to six inches above the finished grade of the surrounding property. Where appropriate, one inch deep drill holes may be set in an existing stone wall or in ledge, in lieu of a required monument.

C. Where the distance between monuments is greater than four hundred (400) feet, iron pipes shall be set at intervals not to exceed two hundred (200) feet.

D. To guarantee the installation of monuments required by the subdivision plan, the following requirements shall be met:

1. If the subdivision does not involve the construction of a roadway; all monumentation shall be in place prior to the signing of the subdivision plan by the Board Chairman;

2. If the subdivision involves the construction of a roadway, all monumentation shall be in place before fifty percent (50%) of the surety held for the road construction is released; and

3. Upon installation, a Certificate of Monumentation certifying that the monumentation has been accurately installed shall be filed with the Board. The form shall contain the signature and seal of the licensed land surveyor that certified the placement of the monumentation.

Article 4.16 SOILS-BASED LOT SIZE DETERMINATION (Amended 07/2002)

The lot sizes for subdivisions in the Town of Kensington shall be based on the following specified criteria:

4.16.1 Minimum Lot Sizes

Minimum lot sizes within all subdivisions shall, in addition to meeting the requirements of the Zoning Ordinance of the district wherein the subdivision is proposed, also meet the lot size requirements specified in Section 4.16, Table

A. Minimum Lot Size by Soil Classification

This requirement is subject to the following qualifications:

1. Where more than one soil type is found on a lot, a soil carrying capacity of those soils occurring on the lot shall be used to determine the minimum lot size; and

2. Hydric soils may be used as part of the computed lot size according to the following:

a. Areas designated as poorly drained soils (type B hydric) may be utilized to fulfill the Town’s minimum lot size requirement provided that a contiguous non-wetland area at least 30,000 square feet if provided for each building lot. This contiguous non-wetland area must be sufficient in size and configuration to adequately accommodate all housing and required utilities such as sewage disposal, water supply, and all applicable setbacks;

b. Areas designated as very poorly drained, freshwater marsh or alluvial soils may not be utilizes to fulfill the minimum lot size; and

c. There shall be no filling of hydric soils for the purpose of providing the minimum distance between the hydric soils and sewage disposal systems.

3. Minimum lot sizes for residential developments with greater than four (4) bedrooms per unit and for commercial and industrial developments shall be determined as follows:

a. For multi-family residential use, the minimum lot size shall be proportionately smaller than the lot size indicated in Table 1 in Section 4.16, as determined by the following formulas:

Number of 1 and/or 2 bedroom multi-family units = Area of each soil type on the lot divided by (lot size from Table 1 in Section 4.16, 1A/B x .65).

Number of 3 bedroom multi-family units = Area of each soil type on the lot divided by (lot size from Table 1 in Section 4.16, 1A/B x .85).

b. For two-family dwelling use, where the total number of bedrooms in the building exceeds 4, the lot size shall be increased by 50% of the minimum lot size as determined by the Table 1 in Section 4.16.

c. For commercial and industrial uses with residential-type waste, the lot sizes will be determined by the formula:

Q (gpd)

Lot Size = X Lot Size from the Table 1 in Section

(sq. ft.) 600 gpd

where: Q = gallons of wastewater to be discharged per day. The amount of flow will be determined by use of Env‑Ws 1008.02 Average Daily Flow Volume.

d. Final site plan approval for commercial/industrial developments which generate wastes of such nature and character as to require state or federal permits for pre‑treatment and discharge or sub‑surface disposal shall not be granted until all such permits are secured provided, however that conditional approval may be granted per NH RSA §676:4, I (i). The conditions upon which such permits are issued shall comply with state and local regulations and be made part of the record before the Planning Board.

4.16.2 Determination of Soil Type

1. Tests for determining soils information for use in this Section shall be performed by a New Hampshire certified Soil Scientist using on‑site inspections.

2. Soil map using the standards of “High Intensity Soil Maps of New Hampshire” shall be provided as part of the subdivision plan at the scale and dimensions required.

3. All costs of performing such investigations shall be borne by the subdivider.

4.16.3 Relationship Between State and Local Regulations

Where both State and local regulations are applicable, the more stringent regulation shall apply. If the State regulation addresses an issue not included in the local regulation or if the local regulation addresses an issue not included in the State regulation, that regulation shall automatically apply.

Table 1: Minimum Lot Size by Soil Classification

Soil Slope

Type B C D E

111‑H 35500 42000 51500 68000

112‑H 35500 42000 51500 68000

11X‑H 68000 76000 86000 100000

121‑H 35500 42000 51500 68000

122‑H 35500 42000 51500 68000

12X‑H 68000 76000 86000 100000

161‑H 35500 42000 51500 68000

16X‑H 68000 76000 86000 100000

211‑H 35500 42000 51500 68000

212‑H 35500 42000 51500 68000

213‑H 68000 76000 86000 100000

21X‑H 68000 76000 86000 100000

221‑H 44500 56000 68000 86000

222‑H 44500 56000 68000 86000

223‑H 68000 76000 86000 100000

22X‑H 68000 76000 86000 100000

231‑H 44500 56000 68000 86000

233‑H 68000 76000 86000 100000

23X‑H 68000 76000 86000 100000

241‑H 68000 76000 86000 100000

243‑H 68000 76000 86000 100000

24X‑H 68000 76000 86000 100000

251‑H 68000 76000 86000 100000

253‑H 68000 76000 86000 100000

25X‑H 68000 76000 86000 100000

261‑H 44500 56000 68000 86000

263‑H 68000 76000 86000 100000

26X‑H 68000 76000 86000 100000

275‑H 44500 56000

311‑H 44500 56000 68000 86000

312‑H 44500 56000 68000 86000

313‑H 68000 76000 86000 100000

31X‑H 68000 76000 86000 100000

321‑H 44500 56000 68000 86000

322‑H 44500 56000 68000 86000

323‑H 68000 76000 86000 100000

325‑H 68000 76000

32X‑H 68000 76000 86000 100000

331‑H 44500 56000 68000 86000

333‑H 68000 76000 86000 100000

33X‑H 68000 76000 86000 100000

341‑H 68000 76000 86000 100000

343‑H 68000 76000 86000 100000

34X‑H 68000 76000 86000 100000

351‑H 68000 76000 86000 100000

353‑H 68000 76000 86000 100000

35X‑H 68000 76000 86000 100000

Table 1: Minimum Lot Size by Soil Classification

Soil Slope

Type B C D E

361-H 44500 56000 68000 86000

363-X 68000 76000 86000 100000

36X-H 68000 76000 86000 100000

375-H 44500 56000

411-H 44500 56000 68000

412-H 44500 56000

413-H 68000 76000

41X-H 68000 76000

421-H 68000 76000 86000

422-H 68000 76000 86000

423‑H 68000 76000 86000

42X‑H 68000 76000 86000

431‑H 68000 76000

433‑H 68000 76000

43X‑H 68000 76000

441‑H 68000 76000

443‑H 68000 76000

44X‑H 68000 76000

451‑H 68000 76000

453‑H 68000 76000

45X‑H 68000 76000

461‑H 68000 76000

463‑H 68000 76000

46X‑H 68000 76000

475‑H 68000

511‑H 44500 56000 68000

512‑H 44500 56000

513‑H 68000 76000

51X‑H 68000 76000

521‑H 68000 76000 86000

522‑H 68000 76000 86000

523‑H 68000 76000 86000

52X‑H 68000 76000 86000

531‑H 68000 76000

533‑H 68000 76000

53X‑H 68000 76000

541‑H 68000 76000

543‑H 68000 76000

54X‑H 68000 76000

551‑H 68000 76000

553‑H 68000 76000

55X‑H 68000 76000

561‑H 68000 76000

563‑H 68000 76000

56X‑H 68000 76000

575‑H 68000

The soil types listed below have one or more limiting characteristics that make the soil type "NA" or require on‑site investigation, no matter what other characteristics of the soil may be present.

Soil Type Minimum Lot Size

6***H NA, very poorly drained soil, Type A hydric

*66*H NA, fill does not meet the Standards for Fill

Material (see Key to Soil Types)

76**H On‑site evaluation needed

The Soil Type symbols are explained in "High Intensity Soils Maps for New Hampshire, Standards and Origins. SSSNNE Special Publication No. 1.

"NA" means not allowed.

"*" means any slope or any number.

ARTICLE 4.17 SEPTIC RESERVE AREAS

Every proposed lot in a new subdivision shall contain a 4,000 square foot area labeled on all plans as septic reserve area, and designated for use exclusively as a septic waste disposal area.

A. The following standards shall govern such areas:

1. The bounds of the septic reserve area shall be located no closer than 75 feet from any drainage group 5 or 6 soil as identified by high intensity or town wide soil survey maps;

2. Septic reserve areas shall not be located on any land where naturally occurring seasonal water table levels are closer than 18" from the original ground surface;

3. Septic reserve area location shall be noted on plans submitted to any other town official. The Planning Board shall have the option to require that this septic reserve area shall be the only area on the lot to be utilized for septic system placement, based on wetland, slope or other restricting natural resource considerations. Such requirements, if necessary, shall be labeled on approved subdivision plans, and shall be binding on the lots in question; and

4. All test pits utilized to determine soil characteristics of the septic reserve area shall be performed by a Licensed Register Land Surveyor, a N.H. Licensed Septic Designer, or a N.H. Registered Professional Engineer, with the cooperation and concurrence of the Town of Kensington Test Pit Inspector.

In cases where conflicts of observation and test pit profile determination exist, a neutral third party opinion will be required. Such third party evaluation shall be performed by a qualified soil scientist, and shall be the binding information utilized.

ARTICLE 4.18 FIRE PROTECTION

A. A subdivision plan of 10 or more house lots shall provide for a water supply capable of delivering not less than 1,000 gallons of water per minute for a period of not less than one hour the year around which, connected to a system of hydrants, will provide for such a water supply within 1,500 feet of each dwelling unit measured along a road. In the event that provision of such a supply is not physically possible on the land of the subdivider and an arrangement can be made by utilizing water resources off the property, the subdivider may do so. The subdivider shall bear all costs, legal and otherwise, of such arrangements. The Planning Board and Selectmen shall use their good offices to persuade others of the advantage of such arrangements, but in no case shall the power of eminent domain be utilized.

1. A subdivision plan of four (4) or more but less than ten (10) house lots shall provide for an underground water storage tank with hydrant and fill manifolds. Such a facility shall be located within one thousand (1000) feet of each dwelling, and within a permanent easement immediately adjacent to a paved road. The tank shall have a capacity of at least ten thousand (10,000) gallons and be protected from freezing.

B. Dry hydrants shall be installed as directed by the Chief of Kensington Fire Department. They shall be equipped with a steamer device and cap, and such hydrants shall be constructed in such a manner as to insure that the water level in the pipe is below the frost level. There shall be a paved roadway from the hydrant to the nearest right of way and a paved parking area adjacent to the hydrants which will allow the parking of at least one fire vehicle. Water holes shall be fenced where appropriate in the judgment of Selectmen.

C. It shall be the responsibility of the subdivider to bear the cost of any equipment, apparatus, or construction which may be incurred under this regulation. All land areas and equipment or apparatus may upon completion and installation of such equipment and apparatus be offered for transfer to the Town of Kensington, and the subdivider shall execute in manner and form prescribed by the Chairman of the Planning Board the instruments necessary to affect such a transfer.

D. In the event that the subdivider shall be obligated to comply with this regulation, the subdivider shall provide the Selectmen with a bond in such form as may be prescribed by the Selectmen, and approved by the Town Counsel in an amount not to exceed five thousand ($5,000) dollars to ensure satisfactory compliance.

ARTICLE 4.19 DRIVEWAY RESERVE AREA (Adopted 02/20/1997)

A subdivision plan will show a “driveway reserve area” for each proposed building lot. The driveway reserve area is a possible location for a driveway that meets the Town of Kensington Driveway Regulations (found in Chapter V, Article 2 of this document). Shared driveways may be required in order to meet the regulations.

ARTICLE 4.20 SEQUENCE OF CONSTRUCTION (Adopted 03/09/2004)

A. A subdivision plan must include a construction sequence describing in order, the construction steps to be followed by the developer during construction of the subdivision.

B. The planning board, as part of the subdivision approval process, must agree to the construction sequence.

C. The Town’s engineer is responsible for verifying adherence to the construction sequence as part of the construction inspection process.

D. Each step in the construction sequence is to be individually numbered on the plan.

E. As-needed exceptions to the construction sequence must be agreed to in writing by at least 3 planning board representatives with consultation from the town’s engineer.

F. A sample construction sequence follows and should be used as a guide. This sample should be modified as appropriate.

“CONSTRUCTION SEQUENCE GUIDELINES”

1. Contractor to notify Dig-Safe 72-Hours prior to commencement of construction.

2. Prior to grubbing of cleared areas, all siltation barriers designed for use as temporary erosion control measures shall be installed as called for on project plans. Install stabilized construction entrance at location of construction access.

3. Cut and clear trees and brush from construction areas to extent necessary. All branches, tops and brush to be properly disposed of by contractor according to state and local regulations.

4. Complete grubbing operations. All stumps and similar debris shall be properly disposed of by contractor according to state and local regulations. Organic material suitable for use as topsoil shall be stockpiled in upland areas. All stockpiles shall be seeded with winter rye and surrounded with hay bales.

5. Commence construction of site. Perform excavation activities required to achieve subgrade elevation. All excavated embankments, ditches, swales and culverts shall be installed and stabilized. Construct temporary culverts to facilitate construction activities. All such crossings shall be protected with silt fence barriers to limit and control erosion.

6. Construct loam & seed, all open drainage facilities (ditches, swales and detention ponds) prior to any other site construction.

7. Stabilize all ditchlines and ponds prior to directing flow into them; construct closed drainage system, septic and other subsurface utilities. Slopes and embankments shall be stabilized by tracking and temporary seeding with winter rye prior to turf establishment. All ditches, pond, and swales shall be stabilized prior to having runoff directed to them.

8. All swales and ditchlines shall be protected from erosion by implementation of silt fences as show on project plans.

9. Apply topsoil to slopes and other areas disturbed by construction. Topsoil used may be native organic material screened so as to be free of roots, branches, stones, and other deleterious materials. Topsoil shall be applied so as to provide a minimum of a 4-inch compacted thickness. Upon completion of topsoiling, finished sections are to be limed, seeded and mulched. Construction personnel shall inspect completed sections of work on a regular basis and remedy any problem areas until a healthy stand of grass has become established.

10. Install finish gravel of pavement base materials.

11. Maintain, repair, and replace as necessary temporary erosion control measures until such time as the entire construction area has been stabilized (A minimum of one year shall have passed).

12. After stabilization, remove and suitably dispose of temporary erosion control measurers.

ARTICLE 4.21 TREE CLEARING REGULATIONS FOR NEW DEVELOPMENT

(Adopted 06/02/2005)

A. Purpose. The purposes of this section are:

1. To protect and preserve the natural environment;

2. To provide for green spaces of adequate proportions;

3. To minimize soil erosion, lesson air pollution, conserve energy, protect the quality of groundwater, and provide a habitat for wildlife;

4. To provide for the harmonious and aesthetically pleasing development of the municipality and its environs; and

5. To protect the public from hazards created by dead or diseased trees.

B. Applicability. These regulations apply only to applications for new commercial development and applications for the subdivision of land.

C. Findings. Due to the many beneficial attributes of trees in providing environmental benefits, conserving energy by reducing home heating and cooling costs, minimizing soil erosion, lessening air pollution, and providing for the aesthetic and scenic attributes of the town, the Planning Board of the Town of Kensington find that this regulation is necessary to protect the health, safety, and welfare of the citizens of the Town of Kensington and to provide for the safe and attractive development of sites in the Town of Kensington per RSA 764:36, Subdivision Regulations, and RSA 674:44, Site Plan Review Regulations.

D. Authority. These regulations are promulgated under the authority of RSA 674:36, Subdivision Regulations, and RSA 674:44, Site Plan Review Regulations.

ZONING ORDINANCE

KENSINGTON, NH

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