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SECTION 3.00: DESIGN STANDARDS
3.01 VEHICLE ACCESS. To ensure safety on the site, and further to protect the safety and capacity of the road network, the following standards are established to control site access:
(A) Driveway Permit. Each application shall require a State Driveway Permit for driveway access onto a State road (from NH Department of Transportation, Division 6 in Durham), a Town Driveway Permit for driveway access onto a Town road (Public Works Director), or a letter from the appropriate official stating that a driveway permit is not required.
(B) Number of Driveways. Not more than two driveways onto a public road shall be permitted, and one driveway or a shared driveway may be required by the Board to reduce conflict points in busy road corridors. For non-residential sites, connecting drives shall be provided to adjoining non-residential sites where reasonable and needed, permitting access to those sites without burdening the road network.
(C) Driveway Design. New and altered driveways shall comply with the following:
(1) Driveway widths and right-turn radii shall comply with the standards set forth in the Transportation and Traffic Engineering Handbook (Second Edition, Institute of Transportation Engineers, Prentice-Hall, Englewood Cliffs, NJ, 1982, pages 621-3)). At a minimum, the M-1 and M-2 districts shall be deemed "high-pedestrian-activity areas" for purposes of curve and width determinations.
(2) Driveways shall not be located closer than 50' from the edge of the right-of-way of an intersecting street.
(D) Shared Driveways. Where driveway access from NH Route 108 or NH Route 152 is necessary, the Board may require that such lot be served by a shared driveway servicing several lots in order to reduce the number of curb cuts on the road, thus minimizing the number of conflict points and disruptions to traffic flow. A recorded cross-easement for access shall be required.
(E) Curbing. The Board may require curbing along the frontage of the site and along the driveway to improve traffic control and safety. Curbing shall be granite.
(note: Amended 11/18/97)
(F) Stopping Sight Distance. Driveways shall have an all-season stopping sight distance as required in the Transportation and Traffic Engineering Handbook (Second Edition, Institute of Transportation Engineers, Prentice-Hall, Englewood Cliffs, NJ, 1982, pages 590-3), and the requirements of RSA 236:13,III (B) and (C).
(G) Traffic Impact.
(1) No projects shall create a significant reduction in the level of service of affected public roads. Mitigation measures shall be provided as needed.
(2) All applications creating 10,000 square feet or more of new non-residential floor space or creating 20 or more new residential units shall include a Traffic Impact Analysis, prepared by a NH licensed Professional Engineer specializing in Civil Engineering. This analysis shall be prepared to meet, at a minimum, the "Guidelines for Traffic Impact Analysis" (by the Strafford Regional Planning Commission, dated July 1986: copy available for viewing at Town Hall). Where the Board is concerned about traffic impact, it may require this analysis for smaller projects.
(3) Traffic control signals and signs, turning lanes, pavement widening, eliminating certain turning movements, and other improvements may be required as determined necessary and practical by the Board.
3.02 PARKING. Provision of on-site parking is an important component of the site design. The amount of parking provided must be enough that it prevents excessive demands for on-street parking, but not so much that it wastes land and unnecessarily detracts from the aesthetics of the site and neighborhood. The arrangement must be safe and convenient for users.
(A) Number of Spaces.
(1) In all Zoning Districts except the M-1 and M-2 districts, each site shall provide at least the minimum number of parking spaces for the site, determined as the sum of the following for each use on the site:
(a) Residential: 2 spaces per unit; except 1 space per unit for elderly housing or accessory apartment.
(b) Retail: 1 space per 200 square feet of gross floor area.
(c) Office/Business Service: 1 space per 250 square feet of gross floor area.
(d) Personal Service: 1 space per 200 square feet of gross floor area.
(e) Restaurant: 1 space per 3 seats.
(f) Lounge: 1 space per 2 seats.
(g) Lodging: 1 space per overnight room.
(h) Meeting Rooms: 1 space per 4 seats.
(i) Industrial: 1 space per 500 square feet of gross floor area.
(j) Automotive Service Station: 4 spaces per service bay.
(k) Hospital/Nursing Home: 1 space per 2 beds.
(l) Mall: 1 space per 200 square feet of gross floor area.
(2) The following standards, among others, may be suitable for substitution for the standards given in §3.02(A)(1): Parking Generation (Institute of Transportation Engineers, 2nd Edition, 1987); and Parking (Robert Weant and Herbert Levinson, ENO Foundation for Transportation, Westport, CT, 1990). See §5.01(B) for the specific process of substituting alternative standards.
(3) In the M-1 and M-2 districts, parking shall be evaluated in a different manner. Typically, on-site parking is insufficient or is lacking completely. However, the downtown currently functions and people do find parking, so rather than establishing a number of spaces required, it is hereby determined that the amount of on-site parking is a base from which to analyze changes in parking demand. New or changing uses shall be evaluated from the perspective of changes in the demand for on-site parking. Proposed changes, which decrease demand, shall be permitted. Proposed changes, which increase demand, shall be permitted only upon provision of additional parking spaces in an amount equal to the increase in parking demand. Such spaces may be provided by one or more of the following means:
(a) Additional on-site parking spaces shall be provided.
(b) Off-site parking spaces, located within 500' of the site shall be provided. The Board may increase this distance to 1,000' where the parking is intended for employees rather than customers. Such spaces must be deeded for the use of this site, and less formal agreements shall not be acceptable to the Board. Additionally, the off-site spaces must be shown as being excess spaces, as evaluated by applying the standards of this Regulation. The off-site parking shall be located in a zoning district, which permits the use being applied for, except where the Zoning Ordinance specifies otherwise.
(c) If the Town Council establishes the required mechanism, the applicant can contribute to a Town fund for the maintenance and possible future development of additional downtown parking. A fixed dollar amount per parking space shall be established by the Council. This fund shall be a dedicated fund to be used solely for the purposes of creating and maintaining downtown public parking.
(4) Shared Parking. Because different uses in close proximity to one another can effectively and efficiently share parking when their peak parking demands occur at different times of day or on different days of the week, it is often possible to reduce the number of parking spaces and still satisfy the demand. Shared parking is encouraged wherever feasible, and may be required if the Board deems it necessary to accomplish the purposes of this Regulation. Calculations for the reduction in parking shall be consistent with Shared Parking (Urban Land Institute. Washington, DC, 1990). Shared parking may involve multiple uses on a single lot, or may involve multiple uses on two or more lots, provided that in all cases the uses are located within distances as prescribed in §3.02(A)(3)(b).
(5) Handicap Parking Spaces. All sites which provide on-site parking shall provide handicap parking spaces and accompanying access aisles in accordance with Federal law, in particular 23 CFR Part 36, Appendix A, Section 4.1.2(5) (see: Federal Register, Volume 56, #144, July 26, 1991).
(a) For the convenience of readers, the smaller size parking lot standards are summarized below:
Total Parking Spaces Minimum That Are Accessible
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
(b) One in every eight handicap spaces, but not less than one, shall be designated as "van accessible" and shall be served by an 8' access aisle.
(c) Each handicap space shall be identified with pavement marking and a sign. Van accessible spaces shall require an additional sign to indicating that it is van accessible. Signs shall be mounted such that they are not obscured by other parked vehicles.
(6) On-Street Parking. The applicant may be granted permission to utilize nearby on street or other public parking for part or all of the required parking for the site. A parking study must be prepared for the Board to document the suitability of such allowance. The publication entitled Parking referenced in §3.02(A)(2) may be a suitable reference.
(B) Parking Lot Design.
(1) Dimensional Requirements. Parking stalls and aisle widths shall comply with the following standards:
(a) Stall size:
[1] Parking stalls shall be large enough to fully contain a rectangle 9' wide by 18' long.
[2] Handicap parking stalls shall be large enough to fully contain a rectangle 8' wide by 20' long. Parked vehicle overhangs shall not reduce the clear width of an accessible route. All handicap parking spaces shall be served by a parallel access aisle, which shall be a minimum of 5' wide for standard handicap spaces, and 8' wide for van accessible spaces. Adjacent spaces may share an access aisle.
(b) For two-way traffic, all parking stalls shall be at right angles to the aisle, and aisle width shall be a minimum of 25'.
(c) For one-way traffic, aisle width shall be related to the angle of the parking spaces, as follows:
Angle: Parking to Aisle Minimum Aisle Width
45 degrees 12'
60 degrees 16'
75 degrees 22'
90 degrees 25'
(2) Traffic Control Islands. In any parking lot, not more than two aisles shall run generally parallel to one another without separation by a raised, curbed traffic control island which runs parallel to and the full length of the aisles. The Board may require additional traffic control islands to prevent or correct traffic safety problems. These islands shall be a minimum of 10' in width to facilitate trees and other landscaping, which will break up the monotony of the paved area and will provide shade for parked cars in the summer. Orientation of the aisles and islands is addressed in §3.04(A)(2). Specific planting standards are addressed in §3.06.
(3) Traffic Circulation. The parking lot design shall be such that:
(a) there is safe and adequate traffic circulation;
(b) all parking spaces can be accessed safely from the aisles, with particular care taken to ensure that spaces near the end of an aisle have sufficient room for backing and turning, and such that cars will not back into a road; and
(c) entrances and exits shall provide some channelizing storage space so that cars entering the lot to park do not end up in queues out in the road.
(4) Curbing shall be provided as needed to control traffic and to direct drainage. Curbing shall be granite in the M-1 and M-2 districts, and shall be concrete elsewhere.
(5) Adequate directional signage, complying with the Manual on Uniform Traffic Control Devices for Streets and Highways, 1978 by NH Department of Transportation, shall be provided.
(6) Parking lots, driveways and aisles shall be paved.
(C) Parking Location. Except in the M-1 and M-2 districts, parking areas shall comply with the setback requirements. In no case shall parking be permitted in the front setback area.
3.03 LOADING. All non-residential sites shall provide off-street loading facilities sufficient to meet the needs of the use. The loading facility shall be located and designed so that delivery vehicles can be parked completely out of the right-of-way to minimize adverse impacts on traffic flow on adjacent streets. The loading area shall not obstruct on-site traffic flow, but may allow for temporary alternative use of a reasonable number of on-site parking spaces.
3.04 PEDESTRIAN, BICYCLE AND TRANSIT AMENITIES. Adequate provisions shall be made to accommodate pedestrians, bicyclists and transit service.
(A) Pedestrians.
(1) All sites shall have sidewalks from the main entrance to the sidewalk and to parking area(s), as applicable.
(2) In large parking lots with multiple aisles, driving aisles shall be oriented generally perpendicular to the building to reduce the number of traffic aisles which pedestrians must cross to reach the building. Sidewalks in the middle of aisles may be required if appropriate.
(3) The Board may require that sidewalks be installed in front of any lots fronting on the road in the B-1 District. (note: Added 11/18/97)
(4) The Board may require that sidewalks be installed along Route 152 in front of any lots fronting on the road between its intersection with Route 108 to the east and to its crossing of the Piscassic River to the west. (note: Added 11/18/97)
(B) Bicycles. The Town desires to encourage bicycling and the following shall apply:
(1) All sites shall provide lockable bicycle parking/storage. The number of bicycles, which must be facilitated, shall equal not less than 5% of the site parking demand as calculated in §3.02, but shall not be less than two.
(2) All non-residential sites with 20,000 square feet or more of floor space may reduce the provision of on-site parking by 5% by providing shower facilities and bicycle parking/storage for employees choosing to bicycle to work.
(C) Transit. The Town desires to encourage transit and the following shall apply:
(1) If a transit stop is located within 500 feet of the site, the Board may grant a 10% reduction in the provision of on-site parking for newly developed sites.
(2) Any site, which contains 25 or more residences or 20,000 square feet or more of non-residential floor space, shall contact the manager of the COAST system to determine if facilities or design provisions to accommodate transit service to the site are necessary now or in the near future. Future expectations shall be based on adopted capital and operations plans for COAST and the Seacoast Metropolitan Planning Organization. The applicant shall provide such needed facilities and design changes, and shall receive the parking reduction granted in §3.04(C)(1).
3.05 SNOW REMOVAL. Snow removal shall be reviewed for all sites, and the general plan for snow removal shall be indicated in a note on the plat. Areas suitable for snow storage shall be designated on the plat, and removal from the site may be necessary if insufficient storage area is available. Landscaping in the snow storage area shall be such that it can withstand the snow pile. Snow shall not be pushed onto adjacent lots or right-of-ways without the owner's consent.
3.06 LANDSCAPING. Every site shall comply with the following standards in order to: enhance site design; enhance privacy; separate, screen and shield potentially conflicting land uses or abutters from undue impact; reserve a portion of the lot to remain undeveloped, permeable and vegetated; control excessive storm water runoff; prevent soil erosion and pollution of water bodies; reduce heat, glare and dust; enhance the Town's aesthetic qualities; and help integrate the built environment with the natural environment.
(A) General Standards. The following general standards shall apply to all sites:
(1) Suitable vegetative ground cover shall be established and maintained on the finished site to ensure soil stability. Shrubs, flowerbeds or other vegetative landscaping may be substituted for lawn areas without municipal review. Landscaping shall be used to enhance the design and aesthetic quality of the site, and to screen parking areas, dumpsters and other eyesores.
(2) Landscaping shall not obstruct the line of sight, nor create other hazards for vehicular traffic, pedestrians, or bicyclists.
(3) Trees are of great importance to the Town because they contribute greatly to the objectives of this Landscaping section. Trees shall be provided as follows:
(a) In all districts except the M-1 and M-2 districts, either newly planted or existing trees shall be provided at the rate of one tree per 500 square feet of disturbed area. In the M-1 and M-2 districts, trees shall be required as can reasonably be provided to enhance the site. It is recognized that the high ratio of building area to lot size traditionally encountered in these two districts may reduce the ability to provide trees on sites.
(b) To the extent possible, trees shall be located within and around the parking areas to break up the monotony of paved expanses.
(c) Newly planted trees shall have a caliper of at least 3" at a point six inches above the top of the root ball.
(d) Suitable hardwood species shall be required unless otherwise specified by the Board. Softwoods may be preferable for buffering purposes. Hardwoods are more suitable in and around traveled ways since they are less prone to causing icing problems during the winter.
(e) Credit may be granted for retention of existing trees. Trees with a caliper of at least 12" but less than 24" shall be credited as three trees, and trees with a caliper of 24" or more shall be credited as six trees. Existing trees to be credited as landscaping shall be suitably protected during site construction. The method of protection shall be placement of a snow fence in a perimeter around the trunk of the tree, a minimum of four feet from the trunk. Pavement shall be placed no closer than four feet from the trunk of the tree.
(B) Buffers.
(1) Buffer requirements:
(a) In the M-1 and M-2 zoning districts, no buffers shall be required.
(b) In the B-1 and B-2 zoning districts, 10' buffers shall be required where the site abuts an adjacent residential property or other property for which a buffer is deemed by the Board to be appropriate.
(c) In all other zoning districts, the area between the property lines and the side and rear setback lines, but not including any area within a road setback, shall be considered a buffer area.
(d) Telecommunications facilities shall be landscaped with a buffer of suitable vegetation that effectively screens the view of the tower compound from abutting property. The minimum standard buffer shall consist of a landscaped strip ten (10) feet wide outside the perimeter of the tower compound. Maintaining existing (natural) vegetation is preferred.
(2) The buffer area shall be suitably vegetated and landscaped. This area shall not be used for outdoor storage or display, parking, or other such uses. Driveways, sidewalks and other such provisions as are considered reasonable by the Board may be permitted to cross the buffer area. Where abutting properties would otherwise be subject to undue impact, the Board may require specific plantings and/or an expanded buffer area to screen specific impacts.
3.07 DRAINAGE. All developments shall make adequate provisions for storm water treatment.
(A) Connection to the municipal storm drainage system shall be required if available within 100 feet of any boundary of the property, or as otherwise determined necessary by the Board.
(1) The system shall be designed and constructed in accordance with standards and specifications of the Town of Newmarket.
(2) Where such facilities are not available at the time of application but will become available in the future, as indicated by inclusion in the Capital Improvements Program, the applicant shall install a municipal storm drain system, ready for connection to the municipal system at the time of its expansion, and shall provide for temporary control of drainage in the interim period.
(3) Storm water runoff shall be carried away in a subsurface piped storm sewer system. Such drainage facilities shall be located in the street rights-of-way where feasible. Where topography or other conditions are such as to make this impractical, perpetual unobstructed easements for future maintenance, repair and upgrade of the system shall be provided across all properties. Such easements shall be 25' or more in width, and shall have satisfactory access to the road. Drainage easements shall be carried from the road to a natural watercourse or other drainage facility.
(B) Lacking connection to the municipal storm drainage system, the site shall be designed with provisions for retention and gradual release of storm water. This shall include provisions for upgrading the existing drainage system if it is inadequate. All additional storm water and runoff which results from the proposed development shall be retained on-site and shall not drain onto adjacent properties, roads or waterways in an amount which exceeds predevelopment levels unless appropriate drainage easements are obtained. Oil/grease separators may be required for parking lots of sites in close proximity to the Lamprey River, Piscassic River or Great Bay, or in other areas where water contamination is of concern.
(C) Drainage plans and a written report, prepared and certified by a licensed NH Professional Engineer specializing in Civil Engineering, shall be submitted with the application. The drainage plan shall include a maintenance program to be followed by the site owner, with specific required actions called out by year. Notice shall be provided to the Code Enforcement Officer annually as to compliance with the maintenance program.
(D) Drainage facilities shall be designed to accommodate a 25-year storm event. A culvert or other such component shall be large enough to accommodate potential runoff from its entire upstream drainage area. On-site retention or detention facilities may be required to prevent overloading of existing downstream facilities, or improvement to the downstream facilities may be required.
3.08 WATER SUPPLY. All sites shall provide adequate water supply for consumption and fire protection. Fire safety is also addressed in §3.17.
(A) Municipal Water Supply. Compliance with the Newmarket Water System Ordinance. In the absence of such a code, connection to the system shall be required if distribution lines are located within 100' of any part of the frontage of the lot, and such connection shall conform with all requirements established by the Public Works Director. (note: Amended 11/18/97)
(B) Non-Municipal Water Supply. In areas outside of the municipal water supply service area, provisions shall be made for on-site water supply or connection to a community water supply system. The well location and its protective radius, if required by the State, shall be indicated on the plat. All community water supply systems and facilities shall be designed by a NH licensed Professional Engineer specializing in Civil Engineering.
(C) All sites shall have sufficient water supply to provide for consumption and fire protection.
3.09 SEWAGE DISPOSAL. All sites shall provide for adequate and sanitary disposal of sewage.
(A) Municipal Sewer Service Area. Compliance with the Newmarket Sewer Use Ordinance shall be required. In the absence of such a code, connection to the system shall be required if collection lines are located within 100' of any part of the frontage of the lot, and such connection shall conform with all requirements established by the Public Works Director. (note: Amended 11/18/97)
(B) In areas outside of the municipal sewer service area, provisions shall be made for on-site sewage disposal. A State approved disposal system design is required prior to final approval, and the approval number shall be indicated on the plat. The system shall be installed and functioning prior to the issuance of the Certificate of Occupancy.
3.10 UTILITIES. The location and design of all utilities on the site shall be shown on the plat, subject to the following:
(A) Multi-Family Residential Sites. To enhance the design and quality of multi-family sites, all utility systems shall be placed underground in conformity with the terms and specifications of the utility companies involved. This shall apply to all new multi-family development, as well as any increase in the number of units of an existing multi-family development.
(B) Non-residential Sites. To encourage non-residential development in Newmarket, utility systems may be located above ground or underground, as desired by the property owner.
3.11 ADA COMPLIANCE. Adequate provisions shall be made to ensure compliance of sites with the Americans with Disabilities Act of 1990 (ADA). Additional information regarding handicap parking is provided in §3.02(A)(5).
(A) Curb ramps shall be provided as necessary.
(B) Access aisles adjoining wheelchair accessible parking spaces shall be paved flush to the ground, and the pavement shall extend all the way to the nearest wheelchair accessible entrance. Such parking spaces shall be located adjacent to wheelchair accessible entrances. Wherever practical, the main entrance shall be wheelchair accessible.
(C) It is recommended, though not required, that a "drop-off" area be located at wheelchair accessible entrances.
(D) Where necessary, wheelchair ramps shall be provided, with a slope not exceeding one foot of rise per 12 feet of run, and a width as required by ADA.
(E) The slope of a wheelchair accessible parking spaces and adjoining access aisles shall not exceed one foot of rise per 50 feet of run.
3.12 FLOODPLAIN. All site plans, which contain any area within the 100-year floodplain, identified as Special Flood Hazard Areas in the "Flood Insurance Study for the Town of Newmarket, N.H." together with the associated Flood Insurance Rate Maps and other maps, shall meet the following requirements:
(A) The application shall comply with the Floodplain Development Overlay District.
(B) The 100-year flood elevation shall be shown on the plat.
(C) Site plan proposals, including their utilities and drainage, shall be located and designed to be consistent with the need to minimize flood damage.
(D) All public utilities and facilities, such as sewer, electrical and water systems, shall be located and constructed to minimize or eliminate potential flood damage.
(1) New and replacement water systems (including on-site systems) shall be located, designed and constructed to minimize infiltration of flood waters and avoid impairment.
(2) New and replacement sanitary sewer systems shall be designed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
(E) Adequate drainage shall be provided to reduce exposure to flood hazards.
(F) Within the altered or relocated portion of any watercourse, the applicant shall submit to the Board certification, prepared by a NH licensed Professional Engineer specializing in Civil Engineering, demonstrating that the flood carrying capacity of the watercourse has been maintained.
3.13 PRESERVATION OF NATURAL FEATURES. To the extent practical, natural features shall be preserved on the site. Where appropriate, areas shall be left undisturbed to minimize impacts on the site and to abutters. Excessive cutting, filling and grading should be avoided. Construction methods may be restricted by the Board where necessary to protect the environment or significant resources on the site. All cut trees, debris, rubbish, junk and other waste materials shall be removed from the site for lawfully disposal. On-site stump disposal may be permitted by the Board if it will not interfere with the proper function of the site, and if State standards are met.
3.14 SEDIMENT AND EROSION CONTROL.
(A) As pertain to this Regulation, a State Site Specific permit is required for the following:
(1) any project involving the dredging, excavation, filling, mining, transporting of forest products, construction, earth moving or other significant alteration of the characteristics of the terrain as defined in Env-Ws 415.02 that will occur in or on the border of the surface waters of the State.
(2) construction, earth moving or other significant alteration of the characteristics of the terrain as defined in Env-Ws 415.02 when a contiguous area of 100,000 or more square feet will be disturbed, or 50,000 or more square feet within 250' of public waters will be disturbed (except that 1st through 4th order streams are excluded).
(B) For sites which do not require a Site Specific permit, the application shall document reasonable controls provided to prevent erosion on the site during construction, following construction but before permanent vegetation is re-established, and on the finished site. Total suspended solids leaving the site should be limited to near pre-development levels to aid in the protection of the Great Bay estuary.
3.15 SOLID WASTE DISPOSAL AND RECYCLING. All sites shall provide adequate facilities for both recycling and disposal of solid waste. All such facilities shall be screened from sight from abutting properties and streets to the extent reasonably possible by means of a fenced or landscaped enclosure. The types of facilities and their enclosure shall be adequately detailed on the plat.
3.16 OUTDOOR LIGHTING. The outdoor lighting of sites shall be designed to prevent off-site disturbance, nuisance, hazard, or other adverse impacts on the nearby properties or roads. All outdoor light sources shall be designed, directed and/or shielded such that the nighttime lighting is primarily contained on the site to shield abutting properties and roads. All outdoor lighting shall be located on-site, and the mounting of outdoor lighting shall not exceed 20' unless the Board decides that a greater height better serves the purposes of this Regulation. (Amended June 11, 2002).
1. Regulation of non-residential and multi-family dwelling unit lighting.
These regulations are intended to reduce the problems created by improperly designed and installed outdoor lighting. This section shall apply to non-residential development and . This section is intended to eliminate problems of glare, minimize light trespass, obtrusive light, protect the quality of the New Hampshire night sky, Newmarket’s rural character, and conserve energy and resources. These concerns are balanced while maintaining safety, security and productivity by establishing regulations which limit the area that certain kinds of outdoor-lighting fixtures can illuminate and by limiting the total allowable illumination of lots located in the Town of Newmarket.
2. Definitions: For the purposes of this Regulation, terms used shall be defined as follows:
Cut-off Angle (of a luminaire) - The angle formed by a line drawn from the direction of the direct light rays at the light source with respect to the vertical, beyond which no direct light is emitted.
Direct Light: Light emitted directly from the lamp, off of the reflector or reflector diffuser, or through the refractor or diffuser lens, of a luminaire.
Fixture: The assembly that houses the lamp or lamps and can include all or some of the following parts: a housing, a mounting bracket or pole socket, a lamp holder, a ballast, a reflector or mirror, and/or a refractor or lens.
Flood or Spot light: Any light fixture or lamp that incorporates a reflector or a refractor to concentrate the light output into a directed beam in a particular direction.
Foot-candle: A unit of illuminance amounting to one lumen pre square foot. A measure of light falling on a given surface. One foot-candle is equal to the amount of light generated by one candle shining on a square foot surface one foot away.
Fully Shielded - A fully shielded luminaire is a luminaire constructed or shielded in such a manner that all light emitted by the luminaire, either directly from the lamp or indirectly from the luminaire, is projected below an angle of 20 degrees below the horizontal plane through the luminaire’s lowest light emitting part as determined by photometric test or certified by the manufacturer.
Glare: Light emitting from a luminaire with an intensity great enough to reduce a viewer's ability to see, and in extreme cases causing momentary blindness.
Height of Luminaire: The height of a luminaire shall be the vertical distance from the ground directly below the centerline of the luminaire to the lowest direct-light-emitting part of the luminaire.
Illuminance - The quantity of light arriving at a surface divided by the area of the illuminated surface, measured in foot-candles.
Lamp: The component of a luminaire that produces the actual light.
Light Trespass: The shining of light produced by a luminaire beyond the boundaries of the property on which it is located.
Lumen: A measure of light energy generated by a light source. One footcandle is one lumen per square foot. For the purposes of this Regulation, the lumen-output values shall be the INITIAL lumen output ratings of a lamp.
Luminaire: This is a complete lighting system, and includes a lamp or lamps and a fixture.
Millyard Lighting Theme: A thematic lighting installation that matches, in general, the lighting scheme currently installed at the Newmarket Mills. Lighting fixtures consistent with this theme shall include free-standing and/or building mounted lighting fixtures that are hooked shaped, with downward facing luminaries that may or may not have decorative scroll-work along the pole. Similar lights have been installed at the Newmarket Public Library, Elm Street and can be found in the Newmarket Downtown Vision Plan.
Outdoor Lighting: The night-time illumination of an outside area or object by any man-made device located outdoors that produces light by any means.
Partially shielded - Shall mean outdoor light fixtures shielded or constructed so that no more than ten percent of the light rays are emitted by the installed fixture at angles greater than 20 degrees below the horizontal plan, and shall not extend above the horizontal plane, as certified by a photometry test report.
Temporary outdoor lighting: The specific illumination of an outside area of object by any man-made device located outdoors that produces light by any means for a period of less than 7 days, with at least 180 days passing before being used again.
Uplighting - Any light source that distributes illumination above a 90-degree horizontal plane.
3. General Lighting Requirements:
a. All lighting in the Town of Newmarket is required to have full-cutoff shielding, except for that portion of lighting installation that is consistent with the Millyard Lighting Theme.
b. Up-lighting by any method is prohibited; however, the Planning Board may allow limited use of upward landscape lighting on a case by case basis.
c. Non-cutoff wallpack type fixtures are prohibited.
4. Control of Glare – Luminaire Design Factors:
a. Any luminaire with a lamp or lamps rated at a total of MORE than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of MORE than 900 lumens, shall not emit any direct light above a horizontal plane through the lowest direct-light-emitting part of the luminaire.
b. Any luminaire with a lamp or lamps rate at a total of MORE than 1800 lumens, and all flood or spot luminaires with a lamp or lamps rated at a total of MORE than 900 lumens, shall be mounted at a height equal to or less than the value 3 + (D/3), where D is the distance in feet to the nearest property boundary. The maximum height of the luminaire may not exceed 25 feet.
c. The luminaire’s maximum illuminance shall not exceed the minimum illuminance recommended for that purpose as defined in the most recent “Illuminating Engineering Society Lighting Handbook/References & Applications.”
d. Installation of lighting fixtures consistent with the Millyard Lighting Theme shall be exempt from section (c).
5. Submission of Plans: The submission shall contain but shall not necessarily be limited to the following:
a. Plans indicating the location on the premises, and the type of illuminating devices, fixtures, lamps, supports, reflectors, and other devices;
b. Description of the illuminating devices, fixtures, lamps, supports, reflectors, and other devices and the description may include, but is not limited to, catalog cuts by manufacturers and drawings (including sections where required);
c. Photometric data, such as that furnished by manufacturers, or similar showing the angle of cut off or light emissions.
d. A visual impact photometric plan that demonstrates both light coverage and light spillage resulting from the proposed lighting plan.
e. Additional Submission. The above required plans, descriptions and data shall be sufficiently complete to readily determine whether compliance with the requirements of this regulation are met. If such plans, descriptions and data cannot enable this ready determination, by reason of the nature or configuration of the devices, fixtures, or lamps proposed, the applicant shall additionally submit as evidence of compliance to enable such determination such certified reports of tests as will do so provided that these tests shall have been performed and certified by a recognized testing laboratory.
(5) Exceptions:
Any luminaire with a lamp or lamps rated at a total of 1800 lumens or LESS, and all flood or spot luminaires with a lamp or lamps rated at 900 lumens or LESS, may be used without restriction to light distribution or mounting height, except that if any spot of flood luminaire rated 900 lumens or LESS is aimed, directed, or focused such as to cause direct light from the luminaire to be directed toward residential buildings on adjacent or nearby land, or to create glare perceptible to persons operating motor vehicles on public ways, the luminaire shall be redirected or its light output controlled as necessary to eliminate such conditions.
Luminaires used for public-roadway illumination may be installed at a maximum height of 25 feet and may be positioned at that height up to the edge of any bordering property. Proposed streetlights or replacement of existing streetlights shall be fully shielded.
(6) Prohibitions:
Mercury Vapor Lamps Fixtures and Lamps. The installation of any mercury vapor fixture or lamp for use as outdoor lighting is prohibited.
Laser Source Light. The use of laser source light or any similar high intensity light for outdoor advertising or entertainment, when projected above the horizontal is prohibited.
(c) Searchlights. The operation of searchlights for advertising purposes is permitted by permit issued by the building inspector.
(d) Neon. Neon lighting shall be limited to signage use.
3.17 SAFETY REVIEW.
(A) A letter describing each application shall be sent by the Applicant to the Police Chief and to the Fire Chief, alerting them of the pending application. Approval of the chiefs is not required, except as provided below. The Board may require modification of the site design to enhance public safety.
(B) For a site which will receive, handle, store, process, sell or discharge hazardous or toxic materials, written approval of the Fire Chief shall be required. Further, no interior floor drain shall be directed to any stream, storm drain or septic system, or directed into a sanitary sewer without sufficient on-site treatment.
3.18 CONSTRUCTION STANDARDS. It shall be the responsibility of the Professional Engineer designing the site to specify adequate construction standards for all site improvements. Such specifications shall be provided to the Board for its review and approval.
3.19 SECURITY FENCING. Telecommunications facilities shall be enclosed by appropriate security fencing not less than 6 feet in height, and shall be equipped with an appropriate anti-climbing device.
3.20 AESTHETICS. This section applies to all telecommunications facilities.
(A) Towers shall either maintain a galvanized steel finisher, subject to any applicable standards of the FAA, or be painted a neutral color, to reduce visual obtrusiveness.
(B) At a tower site, the design of the buildings and related structures shall, to the maximum extent possible, use materials, colors, textures, screening, and landscaping that will blend the tower facilities with the natural setting and previously developed environment. These buildings and facilities shall also be subject to all other Site Plan Review Regulation requirements.
(C) If an antenna is installed on a structure other than a tower, the antenna and supporting electrical and mechanical equipment must be of neutral color that is identical to, or closely compatible with, the color of the supporting structure to make the antenna and related equipment as visually unobtrusive as possible. Placement of the antenna and supporting electrical and mechanical equipment within an existing structure, such as a church steeple, is preferred.
(D) Towers shall not be artificially lighted, unless required by the FAA or other applicable authority. If lighting is required, the governing authority may review the available lighting alternatives and approve the design that would cause the least disturbance to the surrounding views.
3.21 ARCHITECTURAL/AESTHETIC REVIEW. It is important to the economic success of Newmarket that the appearance of the town be perceived as an attractive commercial environment, which reflects and compliments its heritage. The architecture of Newmarket spans several periods of design in New England, including some 18th century, 19th century, and early 20th century structures. It is important to continue to allow diversity of building designs and architectural styles, which blend well with the buildings from these periods.
It is also important to avoid economic hardship and impose unreasonable standards on existing building owners who wish to make modifications to their structures. This regulation applies only to structures located along Route 108.
(A) Design Criteria. New building designs will be evaluated using the following factors. Design criteria are also provided here to assist in this evaluation.
(1) scale, proportion, height and area of a building;
(2) type, shape, and pitch of roof;
(3) size and spacing of windows, doors and other openings;
(4) exterior materials and colors;
(5) styling of front facade;
(6) architectural details and features.
(B) The following criteria are to be followed not to specifically dictate one particular architectural style, but rather to provide guidance to allow structures, which are consistent with one of several New England styles present in town.
(1) Avoid unbroken expanses of walls. Architectural treatment shall be provided for blank building faces, which are exposed to public view. Such treatments may consist of varying wall setbacks, changing materials or material colors and textures, or other architectural detailing.
(2) Avoid long unbroken expanses of rooflines through the use of dormers, skylights, chimneys, brick firebreaks, and changes in ridgeline.
(3) Use architectural features and details, such as cornices, pediments, columns, pilasters, corner boards, cupolas, skylights and arches to create interesting buildings.
(4) Door and window openings shall be proportional to the facade length and height. Transom lights are encouraged where appropriate to style.
(5) All rooftop mechanical equipment shall be screened from public view. This may be accomplished by a peaked, semi-peaked, or mansard roof.
(6) Structures shall be compatible with the height, depth, and window proportions of surrounding buildings.
(7) Roof design shall be consistent with the overall design of the building. For example, a clapboard or brick building of the late 18th century or early 19th century design shall have a peaked roof, while a brick or stone building representing late 19th century architecture may have either a peaked, flat or mansard roof.
(C) All exterior surfaces visible to the public shall be covered with high quality material that is durable and easy to maintain. No unclad, plain masonry block construction or corrugated metal may be used when visible from any public space, adjacent residential area or roadway. The following design features are acceptable when their use is consistent with the overall architectural style of the project. Other materials may be considered acceptable if the board determines they contribute to the overall aesthetics of the project.
(1) Roofs.
(a) metal, copper, or colored standing seam;
(b) shingles of asphalt, fiberglass or fire-treated wood;
(c) slate or composite material of slate appearance.
(2) Walls.
(a) wood clapboards (painted or stained), or vinyl;
(b) red brick;
(c) granite, marble, or stone (natural or finished).
(3) Windows.
(a) multi-paned windows or groupings (removable mullions are acceptable);
(b) large paned windows, consistent with late 1800s or early 1900s architecture are acceptable on the ground floor;
(c) etched, beveled, sandblasted or stained glass;
(d) other window types as architecturally appropriate or application specific.
(4) Trim.
(a) wood (painted or stained);
(b) anodized aluminum or vinyl.
(5) Color.
(a) no specific color requirements are mandated; however, the use of day glow colors or garish corporate logos masquerading as painting are discouraged.
(6) Fencing.
(a) all fencing installed in the B-1 and M-2 District along Route 108 shall be of natural (wood) or architectural materials such as ornamental metal fencing.
(b) the installation of chain link fencing in these areas shall be prohibited.
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