LAND SUBDIVISION CONTROL REGULATIONS

TOWN OF SHARON, NH

As a means of retaining the scenic beauty of our Town and for the purposes of protecting the Health, Safety, Convenience, Prosperity, and Welfare of our inhabitants, the following land subdivision regulations are hereby enacted. The authority granted to the Planning Board shall be exercised with due regard for adequate access to all lots in a subdivision by ways that will be safe and convenient for travel; for lessening congestion in such ways and in adjacent public ways; for reducing danger to life and limb in the operation of motor vehicles; for securing safety in the case of fire, flood, panic, and other emergencies; for insuring compliance with the applicable zoning ordinances or by-laws and State laws; for securing adequate and safe provisions for water, sewerage, drainage and other requirements where necessary in a subdivision; and for coordinating the ways in a subdivision with each other and with the public ways in the Town and with the ways in neighboring subdivisions, in a manner that will require a minimum expenditure of Town funds.

1. Authority

Pursuant to the authority vested in the Sharon Planning Board by the voters of the Town of Sharon and in accordance with the provisions of Chapter 674:35 N.H. Revised Statutes Annotated, 1983 (formerly Chapter 36:19-29, 1955), the Sharon Planning Board adopts the following regulations governing the subdivision of land in the Town of Sharon, New Hampshire.

2. Definitions

1. Board means the Planning Board of the Town of Sharon.
2. Subdivision means the division of a lot, tract or parcel of land into two or more lots, plats, sites or other divisions of land for the purpose, whether immediate or future, of sale, rent, lease, condominium conveyance or building development. It includes resubdivision and when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. The division of a parcel of land held in common and subsequently divided into parts among the several owners shall be deemed a subdivision.
3. Plat means the final map, drawing or chart on which the subdivider’s plan of subdivisions presented to the Sharon Planning Board for approval, and which, if approved, will be submitted by the Board to the Register of Deeds of Hillsborough County for recording.
4. Street means and includes street, avenue, boulevard, road, alley, highway and other public way, including the required right of way.
5. Engineer means the duly designated engineer of the Town of Sharon or if there is not such official, the planning consultant or official assigned by the Sharon Planning Board.
6. Building means a structure designed and built or occupied as a shelter or roofed enclosure for persons, and used for residential, institutional, religious, educational, recreational or professional purposes. Such building includes open porches, open breezeways, other roofed areas, and decks.
7. Building Development means the construction, erection or location on any lot of the structure defined in Part F.
8. Abutter shall mean any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration by the Planning Board. 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.
9. Applicant shall mean the owner of record of the parcel, lot or tract of land under consideration by the Planning Board and/or the duly authorized agent of such owner.

1. Application Procedures
1. General Procedure:

Whenever any subdivision is proposed to be made and before any contract for sale of or offer to sell, such subdivision or part thereof shall have been negotiated, before any preconstruction site work (except that which is necessary to perform required on-site tests), construction, land clearing or building development is begun, before any permit for the erection of any structure in such proposed subdivision shall be granted, and before any subdivision plat may be filed in the Office of Registrar of Deeds of Hillsborough County, the owner thereof or his authorized agent, shall apply for, and secure the approval of such subdivision from the Planning Board of the Town of Sharon in accordance with the procedures and specifications contained in these regulations.

2. Preliminary Consultation and Review:

1. The applicant may appear at a regular meeting of the Planning Board to discuss a proposal in conceptual form and in general terms. Such preliminary consultation shall be informal and directed toward:
1. Reviewing the basic concepts of the proposal,
2. Reviewing the proposal with regard to the Town Master Plan and applicable ordinances or regulations, including the Town’s subdivision regulations, and
3. Guiding the applicant relative to necessary State and Local requirements.
2. Preliminary consultation and review shall not bind the applicant or the Board. Such discussions may occur without formal public notice as provided in paragraphs G and H. However no discussions beyond the conceptual and general review shall take place without identification of and notice to abutters and the general public as described in paragraph H.
3. Preliminary consultation and review shall be separate and apart from formal consideration under paragraphs D and E, and the time limits for acting under paragraph F shall not apply until a formal Completed Application is submitted.

1. Preliminary Layout:

1. The applicant may submit a Preliminary Layout to the Secretary of the Board not less than twenty (20) days before any regular meeting of the Board. This optional step may aid both the applicant and the Board in reviewing the proposal. The preliminary layout shall include:
1. List of all abutters and their addresses,
2. Check to cover mailing and advertising costs as stated in paragraph I, and
3. Preliminary Plan in accordance with Section VI.
2. The Board may discuss the plan with the applicant and, after such discussion, the Board may communicate to the Subdivider specific suggestions to assist in resolving problems prior to the submission of a Completed Application.
3. Notice of submission of a Preliminary Layout shall be given as provided in paragraph H of this section.
4. Neither time limits for consideration and action nor the public hearing requirements shall apply to this submission.

1. Completed application:

1. A completed application sufficient to invoke jurisdiction of the Board, must include sufficient information to allow the Board to proceed with consideration and to make an informed decision.
2. The following shall be required for and constitute a Completed Application:
1. An Application for Subdivision Approval properly filled out and executed by the Applicant and filed with the Board in accordance with paragraph B together with the following:
1. The names and addresses of the Applicant and all abutters as indicated in town records not more than five (5) days before the day of filing.
2. A check payable to the Board to cover filing fees mailing, advertising, recording and other costs as provided in paragraph I.
3. Three paper print copies of the Preliminary Layout in accordance with and accompanied by the information required in Section VI.

1. Filing and Submission of Completed Application:

1. The Completed Application shall be filed with the Secretary or the Chairman of the Board at least twenty (20) days prior to a scheduled public meeting of the Board.
2. The Completed Application shall be formally submitted to and accepted by the Board only at a regularly scheduled public meeting after due notification to Applicant, abutters and the general public of the date the Completed Application will be submitted and received by the Board.
3. An incomplete Application filed by the Applicant will not be formally accepted by the Board nor will notices of a public meeting be mailed, posted, or published as provided under paragraph H.
4. Applications may be disapproved by the Board without public hearing on grounds of failure of the Applicant to supply information required by these regulations, including:
1. Abutters’ identification and information required for Preliminary Layout.
2. Failure to pay costs of notices or other costs and fees required by these Regulations, or
3. Failure to meet any reasonable deadline established by these Regulations.
5. When a Completed Application is accepted by the Board, the Board shall provide a receipt to the Applicant indicating date of formal acceptance

1. Board Action on Completed Applications:

1. The Board shall consider the Completed Application within thirty (30) days of its submission. After review of the Completed Application, and after a duly noticed public hearing as provided in paragraph G, the Board may grant a conditional approval of the Completed Application and request the Applicant prepare a Final Plat as provided for in Section VII. The Board shall act to approve or disapprove the Completed Application and Final Plat within ninety (90) days after submission of the Completed Application, subject to extension or waiver as provided in accordance with NH RSA 676.4.
2. Approval of the Final Flat shall be certified by written endorsement on the Final Flat and signed by the Chairman and Secretary of the Board. The Chairman or Secretary of the Board shall transmit a copy of the Final Flat with such approval endorsed in writing thereon to the Registrar of Deeds of Hillsborough County. The subdivider shall be responsible for any payment of all recording fees. In case of disapproval of any plat submitted, the grounds for such disapproval shall be adequately stated in the records of the Planning Board and written notice given to the Applicant.
3. If the Planning Board has not obtained an extension as provided in paragraph F:1 and has not taken action to approve or disapprove the Completed Application within ninety (90) days of its acceptance, the Applicant may obtain from the Selectmen an order directing the Board to act within fifteen (15) days. Failure of the Board to act upon such order of the Selectmen shall constitute grounds for the Applicant to petition the Superior Court as provided in RSA 676:4.

1. Public Hearing:

Prior to approval of a subdivision, a public hearing shall be held as required by RSA 676:4 and notice to applicant and abutters and the public shall be given in accordance with paragraph I of this Section. The public hearing shall be held within thirty (30) days of submission of the Completed Application.

2. Notices:

1. Notice of the submission of a Preliminary Layout or a Completed Application shall be given by the Board to the abutters and the Applicant by certified mail, return receipt requested, mailed at least ten (10) days prior to the submission, and to the public at the same time by posting in at least two public places in the Town or publication in a newspaper of general circulation. The notice shall give the date, time and place of the Board meetings at which the Applicant or other item(s) will be formally submitted to the Board, and shall include a general description of the proposal which is the subject of the Application or of the item to be considered and shall identity the Applicant and location of the proposed subdivision.
2. For any public hearing on the Completed Application, the same notice as required for the submission of the Completed Application shall be given. If the notice of public hearing has not been included in the notice of submission or any prior notice, additional notice of the public hearing is not required, nor shall additional notice be required of an adjourned session of a hearing with proper notice if the date time and place of the adjourned session was made known at the prior hearing.

1. Fees:

1. A Completed application shall be accompanied by an application fee of fifty dollars ($50).
2. Failure to pay such fee shall constitute valid grounds for the Board to terminate consideration and to disapprove the application without a public hearing.
3. The Board may require investigative studies, environmental assessments, legal review of documents, administrative expenses, and other matters necessary to make an informed decision. The cost of such studies and investigations shall be paid by the Applicant prior to the approval or disapproval of the Final Plat.

1. General Requirements for the Subdivision of Land

The subdivider shall observe the following general requirements and principles of land subdivision.

1. The arrangements of streets in the subdivision shall provide for the continuation of the principal streets in adjoining subdivisions or for their proper projection when adjoining property is not subdivided, and shall be at least as wide as such existing connecting streets.
2. No street or highway right-of-way shall be less than fifty (50) feet in width and may be required to be more if a greater street width is warranted in the opinion of the board. The apportioning of the street widths among roadway, sidewalks and possible grass strips shall be subject to the approval of the Board.
3. Except where near-future connections may be possible, dead-end or cul-de-sac streets shall not in general exceed four hundred (400) feet in length, and shall be equipped with a turn-around roadway at the closed end with a minimum radius of sixty (60) feet from the center to the outside edge of the right-of-way.
4. Reserve strips of land which, the opinion of the Planning Board, show an intent on the part of the subdivider to control access to land dedicated or to be dedicated to public use shall not be permitted.
5. Individual lots shall be as nearly rectangular as possible.
6. The widths of blocks shall not be less than three hundred (300) feet, nor shall the length exceed twelve hundred (1200) feet.
7. Intersecting property lines at street intersections shall be joined by a curve of at least twenty (20) feet radius.
8. There shall be adequate width and area on every lot after the erection of a residence, to permit the parking within the lot of at least one car for each family dwelling unit.
9. Grades of all streets shall conform in general to the terrain and shall, so far as practicable, not exceed five (5) percent for major streets and eight (8) percent for minor streets. No street shall have a grade of less than one half (1/2) percent. Streets shall have a minimum crown of four (4) inches. Side embankments shall be constructed at a minimum grade of 1:2 except that the Town Engineer may prescribe a grade or 1:3 or greater if deemed necessary.
10. Land of such character that it cannot be safely used for building purposes because of exceptional danger to health or peril from fire, flood, or other menace shall not be platted for residential occupancy, nor for such other uses as may increase danger to health, life, or property or aggravate the flood hazard, until appropriate measures have been taken by the owner or his agent to lessen such hazards.
11. The board in its discretion may require that the subdivider provide parks and playgrounds to be dedicated or to be reserved for the common use of all property owners and that said parks and playgrounds may constitute up to twenty-five (25) percent of the entire area of the subdivision.
12. Streets which join or are in alignment with streets of abutting or neighboring properties shall bear the same name. Names of new streets shall not duplicate, nor bear phonetic resemblances to the names of existing streets within the Town of Sharon.
13. The Planning Board may disapprove a proposed subdivision under RSA 674:36 if it finds, after study, that the proposal is premature. A premature subdivision is defined as one which would involve danger or injury to health, safety, or property by reason of the lack of water supply, drainage, transportation, schools, fire department, or other public services, or necessitate an excessive expenditure of public funds for the supply of such services. An unplanned, piecemeal subdivision or a strip development could be considered premature.
14. Pavement and drainage facilities, curbs and sidewalks, when required, shall be installed and constructed in accordance with the standard specifications of the Town of Sharon and in all cases must be constructed under the supervision of a Consulting Engineer. All new roads shall be designed by a licensed professional engineer.
1. The paved portion of a roadway shall have a width of at least eighteen (18) feet.
2. The roadway shall be constructed in accordance with the following specifications:
1. The entire area of each new street shall be cleared of all stumps, brush, roots, boulders and like material and all trees not intended for preservation.
2. All topsoil or loam must be removed from the limits of the road bed to a depth of at least twelve (12) inches. Topsoil shall be removed from areas that will be filled. Where loam or improper road foundation materials exceed twelve (12) inches in depth, such material must be excavated and replaced with bank run gravel or broken rock.
3. The base course shall consist of bank run gravel, free from loam or organic matter, rolled and compacted with a 10-ton roller to a thickness of at least twelve (12) inches and extending two (2) feet beyond either side of the paved portion.
4. The finish course shall consist of at least six (6) inches of bank run crushed gravel capable of being passed through a four (4) inch screen.
5. The surface shall consist of one (1) application of primer applied at the rate of one (1) gallon per square yard and one (1) application of sealer applied at the rate of one-quarter (1/4) gallon per square yard. The surface shall be sanded with clean sharp sand following the final coating of oil.
6. Adequate disposal of surface water shall be provided for. Catch basins shall be built where required and culverts of at least fifteen (15) inches in diameter installed at all water courses with necessary headers of an approved construction. All necessary water and sewer lines shall be installed at the extreme side of the proposed streets and to required specifications of the Water and Highway Department of the Town of Sharon, and shall include service lines running from the water mains to the curb to service each lot.
3. The roadway shall be graded and paved to the final grade in accordance with the profile submitted.
4. In cases where geologic, topographic, traffic volume or other unusual conditions warrant, the Town, its Planning Board, or its Board of Selectmen may require stricter road construction standards and specifications than those specified herein.
15. All buildings in any subdivision shall be located not closer than fifty (50) feet from any right of way line, and not closer than fifty (50) feet from any lot line.
16. In subdivisions where extensive grading, road building, or drainage are needed, the Planning Board may require that the Applicant post a performance bond with the Town in an amount deemed sufficient by the Board to effectuate the proposed plan. Such bond shall be posted prior to any clearing, grading, or construction on the site and shall be forfeited if all work does not comply with this ordinance and the proposed plan as determined by the Planning Board or its agents. The bond shall be returned upon satisfactory completion of the subdivision plan as approved by the board or its agents.
17. A performance bond shall be approved as to form and sureties by the legal counsel of the Town of Sharon, and conditioned upon the completion and guarantee of such improvements with in the period specified by the Planning Board and expressed in the Board.

1. Section V. The Preliminary Layout

The importance of a clear statement of the Town’s policy in regard to the extension of streets and utilities to serve new subdivisions cannot be overstressed.

Subdividers shall file with the boa rd three copies of a preliminary layout at a scale of not more than one hundred (100) feet to the inch showing or accompanied by the following information:

1. Proposed subdivision name; name and addresses of owner of record; subdivider and designer; date; north point and scale.
2. Names of owners of record of abutting properties, abutting subdivision names, streets, easements, building lines, alleys, parks and public open spaces and similar facts regarding abutting property.
3. Location of property lines and their approximate dimensions; existing easements, buildings, water courses, ponds and standing water, rock ledges and other essential features.
4. Existing water mains, sewers, culverts, drains and proposed connections or alternative means of providing water supply and disposal of sewerage and surface drainage.
5. Location, name and widths of existing and proposed streets and highways with their grades and profiles and the elevations of sufficient points on the property to indicate the general topography of the property.
6. Where the topography is such as to make difficult the inclusion of any facilities mentioned above, within the public area so laid out, the Preliminary Layout shall show the boundaries of proposed permanent easements over or under private property. Such easements shall not be less than ten (10) feet in ‘width and shall have satisfactory access to existing or proposed public ways.
7. Location of all parcels of land proposed to be dedicated to the public use, the conditions of such dedication, and a copy of such private deed restrictions as are intended to cover part or all of the tract.
8. Preliminary designs of any bridges or culverts which may be required.
9. Where the Preliminary Layout submitted covers only a part of the subdivider’s entire holding, a sketch of the prospective future street system of the unsubmitted part shall be furnished and the street system of the submitted part will be considered in the light of adjustments and connections with the street system of the part not submitted.
10. It is the duty of the Town Planning Board to inspect the site of all proposed subdivisions, and to require grading and installation as outlined in this ordinance for common use, and to approve the same when satisfied that such proposed plans are in harmony with, and not detrimental to existing values; but in no case shall this approval by the Board be deemed an acceptance by the Town for the maintenance of the street or streets within the subdivision.

1. THE FINAL PLAT

1. The Final Plat submitted for approval and subsequent recording shall be submitted in triplicate. The size of the sheets shall conform to the requirements of the Registry of Deeds of Hillsborough County, for filing. The margin of at least one (1) inch shall be provided outside ruled border lines on three sides and of at least two (2) inches along the left side for binding. Adequate space shall be available on the map for the necessary endorsement by the proper authorities. The drawings shall be of a scale of not more than one hundred (100) feet to the inch.
2. The Final Flat shall show:
1. Proposed subdivision name or identifying title, the name and address of owner of record and subdivider, and the name, license number and seal of the designer, date, scale, and north point.
2. Street and right of way lines, building lines, pedestrian ways, lot lines, reservations, easements and areas to be dedicated to public use and areas for which the title is reserved by the developer.
3. Sufficient data acceptable to the Engineer to determine readily the location, bearing and length of every street and right of way line, lot line, boundary line, and to be able to reproduce such lines upon the ground. All dimensions shall be shown to hundredths (100^ths) of a foot and bearings to at least minutes. The error of closure shall not exceed one (1) to two thousand (2000). The final plat shall show the boundaries of the property.
4. Permanent easements shall be set as required by the Engineer.
5. The Planning Board may require that the Town Soil Map be superimposed on the Final Flat.

1. AMENDMENTS

New Hampshire RSA 675:6 empowers the Planning Board to amend subdivision regulations after public hearing. The Chairman or Secretary of the Planning Board shall transmit a record of any changes so authorized to the Registry of Deeds of Hillsborough County.

Site Plan

Review Regulations

of the

Town of Sharon, New Hampshire

Revised 1988

REGULATIONS FOR SITE PLAN REVIEW

TOWN OF SHARON, NH

1. INTENT

For the purpose of promoting the Health, safety and general welfare of the community, the Planning Board is empowered by NH RSA 674:43 to regulate and restrict the location of buildings and other structures; percentage of lot that may be occupied; the size of yards, courts and other open spaces; location, size condition and configuration of parking and loading areas; and areas of ingress and egress, for all new construction or major renovation of any use other the single-family residences.

The Board shall consider the harmonious development of the Town of Sharon and its environs; open space of adequate proportions; suitably located access to accommodate existing and proposed traffic; adequate light, air, access to fire-fighting, police and other public safety apparatus and equipment to buildings, coordinated so as to compose a convenient system. They may prescribe additional area as may be needed for on-site sanitary facilities, and generally may include provisions which will tend to create conditions favorable to the health, safety, convenience and community welfare.

2. WHEN REQUIRED

No land shall be used and no building permit shall be issued for any new structure or for making a significant structural change relative to any use other than residential, nor shall the use of, or the uses upon, any land, until plans and specifications for said use are submitted to and approved by the Planning Board. No preconstruction site work may be performed while an application is under consideration by the Planning Board, except that which is necessary to perform required on-site tests.

In addition all uses allowed in the ongoing Ordinance as special exceptions are subject to a site plan review and approval by the Planning Board after the application for special exception has been approved by the Zoning Board of Adjustment.

3. FILING OF APPLICATION

Application for site plan renew shall be submitted to and processed by the Planning Board in the same manner as applications for subdivision approval. (See Section III, Sharon Land Subdivision Control Regulations.) Each applicant for a site plan review shall consult with the Planning Board and furnish such information as it shall require. The following will normally be required:

1. A statement describing the use or uses to be conducted on the lot, indicating the effects on ingress, egress and traffic circulation and volume, and compliance with the Sharon Zoning Ordinance.
2. Three copies of a site plan indicating:
1. Location of all existing and proposed buildings.
2. All curb cuts, parking spaces, loading areas, and driveways.
3. The location, type and height of all walls, fences, transformers, and screen planting, as well as the location of all loading, trash storage areas, and septic systems.
4. All pedestrian walks, open areas and recreational areas provided for the use of tenants or members of the general public.
5. An indication of the existing and proposed topography at two (2) foot contour intervals, except where terrain in excess of ten percent (10%) slope exists, five (5) foot contour intervals are permissible.
6. Location of all planting or landscaping areas, as well as listing of numbers, types and sizes of plantings.
3. Preliminary building elevation views and floor plans indicating the number and type of commercial or industrial activities to take place, the gross floor area, and approximate locations of entrance of loading platforms and loading stalls.
4. Statement indicating the proposed employment, number of shifts, and maximum number of employees on each shift.
5. Engineering plans showing the proposed facilities for water and sanitary sewer, and proposals for handling storm and surface drainage. Proposed on-lot sewerage disposal systems shall be accompanied by results of test pits and percolation tests.
6. A tabulation of the total lot area, the net lot area, the proposed coverage of the lot area by buildings, and the proposed area to be left as open space, exclusive of parking areas.
7. A plat indicating that the subject parcel is a lot of record.
8. Plans for easements, if any, and locations of any underground electric and telephone utility lines.

1. STANDARDS FOR REVIEW

1. In reviewing the proposed site plan, the Planning Board shall take into consideration the basic objectives of the Zoning Ordinance and Subdivision Regulations of the Town of Sharon. Special note shall be taken of the zone in which the proposed activity covered by the site plan is to take place, and the review of the site plan shall be in accord with the objective indicated by, and for that zone.
2. In reviewing the site plan application in regard to the adequate provisions of off-street parking, the Planning Board shall require that:
1. Each automobile parking space shall slot be less than two hundred (200) square feet, and not less than ten (10) feet wide. In addition, there shall be provided adequate interior driveways and entrance and exit driveways to connect each public parking space with a public right-of-way.
2. All such off-street parking facilities shall be so drained as to prevent damage to abutting properties or public streets and shall be designed and installed in accord with standards set forth by the Planning Board in regard to the grade of each parking space, and the surface treatment and marking of the parking area.
3. All parking spaces shall be safely separated from walkways, sidewalks, streets or alleys by curbing, landscaping, berms, islands, or other appropriate means.
4. Each parking space shall be clearly marked, and pavement directional arrows or signs provided wherever necessary. Such parking shall be properly maintained to insure the maximum efficiency.
5. Adequate lighting shall be provided if the parking facilities are used at night. If the parking facilities abut residential land, the lighting shall be so installed and arranged so as not to reflect or cause glare upon the abutting residential land.

SECTION V: APPROVAL

1. The site plan application may be issued when, in the opinion of the Planning Board, the proposed use or re-use of land or buildings fulfills the intent and criteria set forth herein.
2. The Planning Board may attach such conditions to the approval of the application as it deems reasonable and necessary to assure that the proposed use will be consistent with the purpose and intent of these regulations.
3. No substantial deviation from the plans so approved shall be permitted without the approval of the Planning Board. Any such deviation without approval shall serve automatically to revoke the permit and shall constitute a violation of these regulations.

1. AMENDMENTS

These regulations may be amended from time to time by majority vole of the Planning Board following a duly noticed public heating as specified in NH RSA 675:6.

Site Plan Review Regulations

Governing Earth Excavations

in the

Town of Sharon, New Hampshire

September 4, 1991

TOWN OF SHARON, NEW HAMPSHIRE

SITE PLAN REVIEW REGULATIONS GOVERNING EARTH EXCAVATIONS

1. AUTHORITY

Chapter 155-E of the New Hampshire Revised Statutes Annotated (RSA) stipulates that, with some exceptions, all earth excavations in the State are subject to regulation from the local municipality in which the operation occurs. Pursuant to the authority vested in planning boards by RSA 155-E, the Sharon Planning Board adopts the following regulations to govern the excavation and processing of earth materials in the Town of Sharon. The provisions of RSA 155-E are hereby incorporated by reference into these regulations.

2. PURPOSE AND SCOPE

It is necessary to obtain a special exception from the Zoning Board of Adjustment prior to the excavation, quarrying and removal of loam, sand, gravel, clay, stone or similar earth materials and the filing of land with any material. If a special exception is granted, applicant will then follow the procedures given in this regulation.

The basic goal of this regulation is to insure that excavations carried out under the special exception conform to the conditions in the zoning ordinance under which the special exception was granted. For the purpose of achieving this goal, no earth material may be removed in the Town except in accordance with these regulations.

3. DEFINITIONS

1. Abutter shall mean any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration. For the purposes of receiving testimony only, and not for the purposes of notification, the term abutter shall include any person who is able to demonstrate that his/her land will be directly affected by the proposal under consideration. In the case of an abutting property being under a condominium or collective ownership, the term abutter means the officers of the collective or association as defined in RSA 356-B:3, XXIII.
2. Applicant shall mean the owner of the property to be excavated or the owner’s agent, so designated in writing as part of the excavation application.
3. Application shall mean a completed application for an excavation permit or amendment thereto. It shall not be considered complete until all of the items listed in Section XII have been addressed by the applicant in a form acceptable to the Planning Board.
4. Earth shall mean sand, gravel, rock, soil, or construction aggregate produced by quarrying, crushing, or any other mining activity or other such naturally occurring unconsolidated materials that normally mask the bedrock.
5. Dimension Stone shall mean rock that is cut, shaped, or selected for use in blocks, slabs, sheets, or other construction units of specified shapes or sizes and is used for external or interior parts of buildings, foundations, curbing, paving, flagging, bridges, revetments, or for other architectural or engineering purposes. Dimension stone includes quarry blocks from which sections of dimension stone are to be produced. Dimension stone does not include earth as defined in paragraph (D) above.
6. Excavation shall mean a land area, including all slopes, which is used or has been used for the commercial taking of earth.
7. Commercial shall mean any use of any earth material for sale or resale on or off site of the excavation area. In addition, an excavation shall be considered commercial if earth materials are transported to other land whose ownership is different from the ownership of the land from which the earth is excavated. Excavations which use earth materials in the processing of other material such as, but not limited to, concrete, asphalt, or other building materials shall be considered commercial.
8. Excavation Site shall mean any contiguous area of land in common ownership upon which excavation takes place.
9. Excavation Area shall mean the area within an excavation site where excavation has occurred or is eligible to occur under the provisions of RSA l55-E.
10. Expansion shall mean the removal of earth material from an area beyond the limits of an excavation area that existed as of a specific date.
11. Reclamation shall mean the restoring of an excavation site to at least the minimum standard as outlined in Section VIII of these regulations.
12. Stationary Manufacturing and/or Processing Plants shall mean facilities which are permanently placed on the site for the purposes of sorting, washing, screening, crushing, classifying, drying, or other processing of excavated earth materials.
13. Pit agreement shall be the signed written agreement between the owner of a site and the excavator or operator which defines all activity relating to the excavation of that site.
14. Board shall mean the Sharon Planning Board unless specified otherwise.

1. EXCAVATIONS REQUIRING A PERMIT

No owner shall permit any excavation of earth on his/her premises without first obtaining a permit therefor, except:

1. Existing Excavations. No excavations are known to exist in the Town of Sharon that qualify for this "grandfathered" status. In the event that such an excavation becomes known, it will be handled in accordance with the procedures given in RSA 155-E:2,I.
2. Stationary Manufacturing Plants.
1. No permit is required for excavation from an excavation site which, on August 4, 1989, was contiguous to or was contiguous land in common ownership with stationary manufacturing and processing plants which were in operation on August 24, 1979, and which used earth obtained from said excavation site. Such excavation shall be performed in compliance with the operational and reclamation standards set forth in RSA 155-E:4-a, 155-E:5 and 155-E5-a which shall be the sole standards with which the excavation must comply in order to retain its non-permit status.
2. No further permit shall be required for excavation from a site which on August 4, 1989 was contiguous to or was contiguous land in common ownership with stationary manufacturing and processing plants for which local or state permits were granted between August 24, 1979 and August 4, 1989 and which use earth obtained from said site. Operation and reclamation of such a site shall continue to be regulated by such local or state permits and any renewals or extensions thereof.
3. Highway Excavations. No permit shall be required for excavation which is performed exclusively for the lawful construction, reconstruction, or maintenance of a Class I, II, III, IV, or V highway by a unit of government having jurisdiction for the highway or an agent of that unit of government which has a contract for that highway work, subject, however, to the following:
1. A copy of the pit agreement executed by the owner, the agent, and the unit of government shall be filed with the Planning Board prior to the start of excavation. The failure to file such agreement, or the failure of the excavator to comply with the terms of such agreement shall be deemed a violation of these regulations and may be enforced pursuant to Section XIV.
2. Such excavation shall comply with the operational and reclamation standards of RSA 155-E:4-a, 155-E:5 and 155-E:5-a which shall be the sole standards with which such excavations must comply in order to retain their non-permit status.
3. Such excavations shall not be exempt from local zoning or other applicable ordinances unless an exemption is granted pursuant to subparagraph 4.
4. In accord with RSA 155-E:2.IV(c), the Department of Transportation or its agent may apply directly to the appeals board created under RSA 21-L to be exempted from the requirements in local zoning or other ordinances or regulations to obtain a permit for excavation or transportation of materials being used exclusively for the lawful construction, reconstruction, or maintenance of a Class I, II, or III highway.
5. Before beginning such an excavation, the governmental unit or its agent shall certify to the Planning Board that the excavation will be in compliance with RSA 155-E:2, IV(b), items (1) to (6).
4. Other Exemptions. The following projects do not require a permit and are not subject to regulation by the Town.
1. Excavations that are entirely incidental to the lawful construction or alteration of a building or structure, a parking lot or way, including a driveway, on a portion of the premises where excavation occurs. Such an excavation cannot be started, however, until all required state and local permits for such construction or alteration have been obtained.
2. Excavations that are incidental to agricultural or silvicultural activities, normal landscaping, or minor topographical adjustment. The Planning Board shall determine what is incidental, normal and/or minor.
3. Excavation from a granite quarry for the purpose of producing dimension stone if such excavation requires a permit under RSA 12-E for Mining and Reclamation.
4. A person owning land abutting a site, which was taken by eminent domain or by any other governmental taking, upon which construction is taking place may stockpile earth taken from the construction site and may remove that earth at a later date after written notification to the Planning Board.

1. ABANDONED EXCAVATIONS.

1. An excavation shall be deemed abandoned if:
1. No earth material of sufficient weight or volume to be commercially useful has been removed from the excavation site during any two (2) year period either before, on or after August 4,1989.
2. The excavation is in use but does not conform to the incremental reclamation requirements of RSA 155-E:5-a, or the owner or operator has not posted a bond or other surety or has not submitted a reclamation timetable approved by the Planning Board.
3. The owner or operator has neither secured a permit under these regulations nor filed a report as an existing excavation.
2. In addition to the enforcement remedies of Section XIV, the Planning Board may order the owner of any land on which an abandoned excavation is located either to file a reclamation timetable, to be approved by the Planning Board, and bond or other security in accord with Section IX or to complete reclamation in accordance with Section VIII within a stated reasonable period of time. Such an order shall, however, only be made if the Planning Board finds that the public health, safety, or welfare requires such reclamation. A public hearing is required, for which notice has been given as described in Section XIII.

1. PROHIBITED PROJECTS

No permits shall be granted for the following projects:

1. Where the issuance of a permit would result in:
1. Creation of health or safety hazards,
2. Unreasonable diminution in area property value,
3. An unreasonable change in the character of the neighborhood,
4. Unreasonable deterioration of highways or the creation of safety hazards in the use thereof or,
5. The creation of any unreasonable nuisance.
2. Where existing visual barriers would be removed, except to provide access to the site.
3. Where the excavation would substantially damage a known aquifer, so designated by the United States Geological Survey.
4. When the excavation requires land use permits from state or federal agencies. The Planning Board may, however, approve the application when all necessary permits have been obtained.
5. Where the project cannot comply with the operational and reclamation requirements of Sections VII, VIII, and IX of these regulations.
6. Where the project involves onsite crushing, sorting, washing or other processing of earth materials.

1. OPERATIONAL STANDARDS

1. No excavations shall be permitted closer than two hundred and fifty (250) feet to an existing dwelling or to a location for which a building permit has been issued at the time the excavation permit is granted.
2. No excavations shall be allowed within fifty (50) feet of the boundary of a disapproving abutter or within ten (10) feet of the boundary of an approving abutter unless approval is requested by said abutter.
3. No excavation shall be permitted below road level within fifty (50) feet of the right-of-way of any public highway as defined in RSA 229:1 unless such excavation is for the purpose of said highway.
4. Vegetation shall be maintained or provided within the peripheral areas required by paragraphs A, B and C above for the purpose of erosion control, screening, noise reduction, and maintenance of surrounding property values.
5. No excavation shall be permitted within seventy-five (75) feet of any great pond, navigable river or other standing body of water ten (10) acres or more in area, or within twenty-five (25) feet of any other stream, river or brook which normally flows throughout the year, or any naturally occurring standing body of water smaller than ten (10) acres, prime wetland as designated in accordance with RSA 482-A:15,I or any other wetland larger than five (5) acres as defined by the Wetlands Board..
6. No excavation shall be permitted so close to the seasonal high-water table or to bedrock (as indicated by the required borings or test pits) as would preclude the subsequent re-use of the site in accordance with existing public health standards, local zoning, and local master plan, or would have a substantial influence on the hydrology of the excavation site or abutting properties.
7. No open excavation is to exceed five (5) acres in area at one time unless specifically authorized by the Planning Board.
8. Where the depth of excavation will exceed fifteen (15) feet or temporary slopes will exceed one to one (1:1) in grade, a fence or other suitable barricade shall be erected to warn of danger and/or limit access to the site.
9. Appropriate drainage shall be provided to prevent the accumulation of free standing water for prolonged periods.
10. Appropriate erosion, sedimentation, air and water quality measures shall be integrated into the excavation process. Excavations shall comply with the provisions in the USDA Soil Conservation Service Erosion and Sediment Control Design Handbook for Developing Areas of New Hampshire. Excavation practices which result in siltation of surface waters or degradation of any water supplies are prohibited.
11. All vehicles transporting excavated material shall use adequate covering and other measures to prevent dust and spillage when loaded.
12. No excavation, material transfer, hauling or other unreasonably noisy activities shall take place outside of the hours of eight (8) AM to five (5) PM Monday through Friday or on a legal holiday. Other hours may be required or permitted which are compatible with neighborhood conditions but shall be specified at the time at which the permit is granted.
13. No fuels, lubricants, explosives or other toxic or polluting chemicals shall be stored on-site unless in compliance with State laws or rules pertaining to the storage of such materials.
14. Only equipment in actual use for excavation of the site may be stored on the site.

1. SITE RECLAMATION STANDARDS

1. All earth and debris resulting from the excavation shall be removed or otherwise lawfully disposed of.
2. All disturbed areas shall be spread with topsoil or any other soil capable of maintaining vegetation and shall be planted with seedlings and/or grass suitable to establish permanent vegetation.
3. For erosion control, all slopes, except for exposed ledge, shall be graded to natural repose for the soil type or to a slope proposed by the applicant and approved by the Planning Board. With no exception shall any slope be left steeper than two to one (2:1) (two (2) units horizontal to one (1) unit vertical. Changes of slope shall not be abrupt, but shall blend with the surrounding terrain.
4. Any standing bodies of water created by the excavation that are judged to constitute a hazard to health or safety shall be eliminated.
5. The topography of the land shall be left so that water draining from the site leaves the property at the original, natural drainage points and in natural proportions of flow.
6. Equipment and temporary structures used during excavation operations shall be removed from the site within thirty (30) days after such operations cease.
7. Any excavated area of five (5) contiguous acres or more, which either is depleted of commercial earth materials, excluding bedrock, or from which no commercially useful amount of earth material has been removed for a two (2) year period, shall be reclaimed within one (1) year in accordance with Paragraphs A to F above. Excavations associated with stationary manufacturing plants under Section IV-B are exempt from this requirement.

1. RECLAMATION BOND

Prior to the removal of any earth material from the excavation area, the applicant shall submit to the Selectmen a bond with sufficient surety, as determined by the Planning Board, to guarantee compliance with the permit. In determining the amount of the bond, the Planning Board shall consider not only the cost of restoring the excavation site itself, but also the estimated costs of any potential damage to Town roads or facilities caused by the transportation of earth materials outside of the methods and limits authorized by the permit. The bond, or an appropriate portion thereof, shall be released when the Planning Board is satisfied that all conditions of the site reclamation plan have been complied with and that any revegetation has survived for a period of one (1) year from the date of planting. The amount of the bond will be reviewed annually.

2. ADDITIONAL PERMIT REQUIREMENTS

Operations requiring a permit may be subject to additional conditions, as deemed necessary by the Planning Board, that are consistent with the purpose of these regulations.

3. WAIVERS

Due to the diverse nature of excavation operations which vary in scale and scope, and due to the varying conditions of the land to be excavated, the Planning Board may, at its discretion, waive certain standards contained in Sections VII, VIII and IX where, in the opinion of the Board, the proposed excavation will be of small scale and have very limited impact on the site, its abutters, and the Town. The applicant must request any desired waivers in writing as part of the application. The written decision by the Planning Board shall state specifically what requirements are being waived and include reasonable alternative conditions or standards to be met.

4. APPLICATION FOR EXCAVATION PERMIT

1. Application Form: Application Form as per Appendix A of these regulations, completed, signed, and dated by the applicant and accompanied by copies of any necessary state and federal permits.
2. Excavation Plan: Two (2) copies of an Excavation Plan at a scale of no less than one (1) inch equals one hundred (100) feet showing the area to be excavated and the land falling within two hundred and fifty (250) feet of the perimeter of the area to be excavated. The Excavation Plan shall include, either on the plat or in separate materials referenced on the plat:
1. A locus map showing the proposed operation in relation to existing roads;
2. Sketch and description of the location and boundaries of the proposed excavation, any existing excavations and the areas of same in square feet or acres;
3. The depth and slope of the proposed excavation, proposed rate of material removal, and estimated duration of the project;
4. The name and location of all abutters;
5. The location of existing dwellings, buildings, structures, septic systems, and wells within two hundred and fifty (250) feet of the excavation boundary;
6. Lot lines, public streets, driveways, intersections, rights-of-way, and all easements within two hundred and fifty (250) feet of the excavation boundary;
7. Sketch and description of existing and proposed access roads, including their width and surface materials;
8. Topography at contour intervals of five (5) feet or less;
9. All wetlands, perennial streams and standing water;
10. A sketch showing existing surface drainage patterns;
11. The elevation of the highest annual average ground water table within or next to the proposed excavation;
12. Existing and proposed fencing, buffers, or other visual barriers, including height and materials;
13. Location of storage areas for topsoil to be used in reclamation. Storage areas should be selected with regard to erosion, siltation, dust and visibility from abutting properties and public roads;
14. Identification of all measures proposed for the storage and handling of fuel, lubricants and chemicals and measures proposed to control erosion, storm water, sedimentation, water and air pollution, dust, noise, and hazards to human safety;
15. The seal and signature of a civil engineer licensed in New Hampshire;
16. A copy of the pit agreement for the excavation.
3. Reclamation Plan: Two (2) copies of a Reclamation Plan which shall show the following:
1. All boundaries of the area proposed for reclamation and the land within two hundred (200) feet of the site boundary;
2. Final topography of the area proposed for reclamation at contour intervals of five (5) feet or less;
3. Final surface drainage pattern, including the location and physical characteristics of all artificial and/or modified drainage facilities;
4. Timetable for full depletion of areas within the excavation site;
5. Schedule of all final reclamation activities including seedlings, seeding mixtures, cover vegetation, fertilizer types, and application rates;
6. Photographs of the site before excavation from at least two (2) different vantage points.
4. Hauling Plan: Hauling information, including routes to be utilized, the type and weight of motor vehicles involved, and the frequency and schedule of operations of such vehicles shall be provided to the Planning Board prior to the issuance of an Excavation Permit. The Planning Board may require modifications to such plans and/or may place conditions upon such operations, depending upon surrounding land uses and road conditions. The Planning Board reserves the right to conduct a traffic study at the applicant's expense to ensure that public safety, neighborhood compatibility and road capacity and condition have been properly considered and optimized in the hauling plan.
5. Other information: The Planning Board reserves the right to request any other information it deems necessary to make an informed decision, or to have plans reviewed by an outside agency. Any expense incurred for such information or reviews shall be borne by the applicant.

1. APPLICATION REVIEW PROCEDURES

Following receipt of an application, the Board will review the materials submitted and will determine whether the application is complete, i.e. that all required materials have been submitted in the form specified in Section XII. If the application is incomplete, the applicant will be directed to supply the missing items and resubmit the application at the next regular Board meeting.

If the application is found to be complete, a public hearing shall be held for discussion of the application. A notice to all abutters at least fourteen (14) days in advance of said hearing shall be sent by registered mail, return receipt requested, and shall specify the grounds for the hearing as well as the date, time, and place. At least a fourteen (14) day advance notice of the time and place of such hearing shall be published in a paper of general circulation in the Town and a legal notice shall also be posted in two (2) public places in the Town.

Within one (1) month of the public hearing on the application, or any continuation thereof, the Board shall make a decision. Notice of the decision shall be recorded in the minutes of the meeting and placed on file in the Town office within three (3) days.

The applicant shall receive a copy of the minutes including the decision. If the application was approved with conditions, these conditions shall also be stated. In the event the application was disapproved, the reasons for the disapproval shall be given.

2. ADMINISTRATION AND ENFORCEMENT

The Planning Board hereby designates the Selectmen of the Town of Sharon as its agent for enforcement of these regulations.

1. Permits. Permits shall be issued only to the owner or his/her agent and shall not be transferable without the prior consent of the Planning Board. A copy of the permit shall be prominently displayed at the site or the principal access to the site. A permit shall be valid for three (3) years and the expiration date shall be specified. A permit is automatically withdrawn if no substantial work is done on the site for a period of two (2) years and the site must then be reclaimed in accordance with Section VIII. Failure to file for a permit or renewal thereof shall be considered a violation and owners or operators who fail to file will be issued a cease and desist order.
2. Amendments and Renewals. Permit holders wishing to alter the size or location of the excavation, the rate of removal of material, or the plan for reclamation shall follow the same procedures as those for a new excavation permit.
3. Inspections. The Planning Board or its designated agent shall make periodic inspections of all excavation sites to determine if the operations conform to these regulations and the approved plans.
4. Suspensions and Revocations. The Planning Board may suspend or revoke a permit if it determines that any provisions of the permit have been violated, a material misstatement made in the application upon which the permit was granted, or any unsafe or hazardous conditions are determined by a site inspection to exist. Such suspension or revocation may be subject to a motion for rehearing thereon and appeal in accordance with paragraph (E) following.
5. Appeals. Any person affected by the Planning Board's decision to approve or disapprove an application or amendment thereto or any suspension or revocation of a permit may appeal to the Planning Board for a rehearing on such decision or any matter determined thereby. The motion for rehearing shall be filed within ten (10) days of such decision and shall fully specify every ground upon which it is alleged that the decision or order complained of is unlawful or unreasonable. The Planning Board shall either grant or deny the request for rehearing within ten (10) days and, if the request is granted, the rehearing shall be scheduled within thirty (30) days. Any person affected by the Board's decision on a motion for rehearing may appeal that decision in accordance with RSA 677:4-15.

Appeals in connection with highway excavations are described in Section IV.C.

6. Fees. The following fees shall be assessed against all applications, granted permits, and excavation operations so that the Town may recover all reasonable costs of administration of these regulations. Failure to pay these or any other costs associated with the application process shall be grounds for denial or cancellation of the permit.
1. A filing fee of fifty dollars ($50) shall be charged for each excavation permit application, two dollars and fifty cents ($2.50) per abutter for notification and sixty dollars ($60) for newspaper advertising to cover the administrative costs of the Planning Board.
2. Any other costs incurred to ensure compliance with the conditions of the permit such as site inspection by a qualified engineer or other as deemed necessary by the Board.
7. Penalties. Fines, penalties, and remedies for violations of these regulations shall be the same as for violations of RSA 676:15 and RSA 676:17. Whoever violates any provision of these regulations, a permit, or valid order issued hereunder shall be guilty of a misdemeanor.

1. SEPARABILITY

The invalidity of any provision, sentence, paragraph, or other aspect of these regulations shall not affect the validity of any other provision.

2. EFFECTIVE DATE

These regulations shall take effect upon adoption by the Planning Board and as amended.

1. Name, mailing address and telephone number of applicant/owner

______________________________________________________________

______________________________________________________________

______________________________________________________________

2. Location of proposed excavation (street/road) _______________
3. Tax map and lot number _______________________________________
4. All items specified in Section XII above must accompany this application unless waived in writing by the Planning Board
5. The following fees must accompany this application:

Filing fee $ 50.00

Advertising/posting costs $ 60.00

Abutter notification

@ $2.50 per abutter $______

Total $______

Reasonable fees in addition to those listed above may be imposed by the Planning Board to cover special reviews or investigative studies, the need for which may arise during the Board's study of the application. The applicant will be notified before such costs are incurred.

6. Applicant signatures:

(Signed) ________________________________ (Date) __________

(Signed) ________________________________ (Date) __________

Telecommunication Facilities

January 8, 2001

1. Purpose

The Town of Sharon adopts these regulations to assure that:

Telecommunication facilities do not disrupt the visual beauty, rural character, and sensitive natural environment of Sharon;

The siting, construction and maintenance of telecommunication facilities causes no harm to people, buildings, property or wildlife;

Telecommunication facilities impose no costs upon the Town or adjacent property owners, either directly or indirectly.

2. Definitions

These regulations establish an overlay zone which shall apply throughout the Town, and which shall require a Special Permit from the Planning Board for all wireless communication facilities, including digital television facilities and shall include, but not be limited to towers, equipment buildings, backup power supplies and their fuel sources, security fencing, access roads, supporting utilities and associated structures, equipment and activities. The term "facility" when utilized in these regulations shall refer to all telecommunication facilities. "Board" shall refer to the Sharon Planning Board.

3. Performance Standards
1. Demonstration of Need

Anyone wishing to install telecommunication facilities within the Town of Sharon must demonstrate the need for such facilities. The applicant must also demonstrate that the site or sites proposed for such facilities have been selected so as to minimize the total number of facilities needed within the Town.

2. Visual Appearance:

The Town of Sharon recognizes the right of wireless communication facilities to locate within Sharon, and the Town also recognizes the potential benefits to the Town of such facilities if properly located, constructed and maintained.

However, the Town also recognizes that the financial viability of Sharon rests on a fragile, residential property-based tax base. Residential property values in Sharon are based almost exclusively upon the rural character and visual beauty of the Town. For this reason the avoidance of visual impact is of central concern to the Town.

No facility will be allowed which can be seen from a public way, or from within two hundred (200) feet of the facility, unless the Sharon Planning Board determines that the facility has been sufficiently screened and/or camouflaged to protect the visual beauty and rural character of the Town and of adjacent properties.

To assure that this standard is met, the Planning Board shall require a balloon test and photorealistic renderings of the site (north, south, east and west perspectives) unless otherwise specified by the Board.

To protect the special visual and recreational values of the eastern hillsides, no facility shall be located within three hundred (300) feet of the upper ridgelines east of Route 123, Mountain Road and Temple Road.

All facilities, including but not limited to security fencing, support buildings, generators, fuel supplies, tower and utility connections shall be designed, located, constructed and maintained so as to have minimal visual impact. This will require some form of camouflage and natural screening acceptable to the Planning Board.

Towers shall be located within stands of mature trees whenever possible. Towers shall normally not be allowed in open fields. The applicant must demonstrate the ability to maintain the mature tree screen for the life of the communications facilities. This shall normally require an easement or fee ownership of a protective screen area of at least three hundred (300) feet on all sides of a facility.

Towers shall normally not be more than twenty (20) feet higher than the surrounding tree cover, as measured in a two hundred (200) foot radius, nor shall any communication facility be higher than ninety (90) feet, so as to avoid the introduction of an unnaturally tall urbanizing element.

The Town is especially concerned about the visual impact of towers. Monopoles without guide wires shall normally be preferred, and all towers must be camouflaged to the satisfaction of the Board. Exterior antennas or other equipment attached to towers must be of a low-profile type.

All utility wires shall be buried underground.

Security fencing shall be of a color approved on a case-by-case basis by the Board, and silver or galvanized color will usually not be acceptable.

3. Safety:

Submittal of a Telecommunications Facility application to the Sharon Planning Board shall constitute authorization for the Sharon Planning Board, the Board of Selectmen or their consultants to enter and inspect the facilities at any time during its construction or subsequent operation. It shall be the responsibility of the applicant to provide the Town with any easements or other legal instruments necessary to assure that the Town and its agents have the ability to access the facility site even if such access requires crossing other properties.

Telecommunication facilities must be designed, constructed and maintained so as to be structurally safe at all times. To assure compliance with this standard, all facility designs must be reviewed and signed by a professional structural engineer licensed in the State of New Hampshire.

At least every five (5) years the Planning Board shall be provided with a written report from a qualified professional engineer licensed in the State of New Hampshire certifying that the facility remains structurally sound and that all electromagnetic emissions comply with Federal standards.

If any inspection identifies substandard conditions or emissions, the owner of the facilities shall remedy the deficiencies within sixty (60) days, and shall provide written certification from a qualified professional engineer licensed in the State of New Hampshire that all deficiencies have been corrected.

If deficiencies are found the Planning Board shall have the discretion to require an accelerated inspection schedule, up to and including an annual inspection.

All such inspections shall be at the expense of the owner of the facility.

Prior to receiving approval to install a telecommunications facility, the applicant must demonstrate to the Board’s satisfaction that casual access to the facility will be prevented. Normally this shall require the installation of security fencing, the color of which shall be specified by the Board.

The applicant must demonstrate to the Board’s satisfaction that there will be an adequate falling ice safety zone adjacent to any tower. It is the assumption of the Town that the higher the tower, the greater the risk of wind-blown ice causing public harm. An ice hazard zone must be established away from public ways, adjacent properties, or public recreation trails at least equivalent to the height of the facility. If a communications tower is located on a slope of ten (10) percent or greater, then the safety zone shall be at least twice the height of the tower in all downslope areas.

Any power supply system must be constructed, located, operated and maintained so as to not be heard on any adjacent property.

Any fuel source for a telecommunication facility must be installed and maintained so as to avoid environmental contamination and to avoid being a safety hazard, to the satisfaction of the Board.

The Town may require a special inspection of telecommunication facilities:

After major storm events such as hurricanes or ice storms,

After other natural disasters such as landslides or earthquakes,

After receipt of sufficient evidence to suggest that the facility is unsafe, in non-compliance with these regulations, or failing to comply with Federal regulations.

The applicant shall pay the cost of such inspection, and may be transferred from the security deposit account. The owner shall be provided an opportunity, after written notice from the Town, to provide evidence as to why such inspection should not take place or to request modification in the proposed method or cost of inspection.

If such inspection identifies corrective actions which must be taken, the owner shall have sixty (60) days to complete those actions or the Town may utilize security deposit funds to undertake necessary repairs or otherwise secure the site.

Each facility must maintain appropriate safety signage and each facility must at all times maintain an easily seen sign on the facility which lists the name, contact phone number and mailing address of the current owner.

4. Removal of Facilities:

All telecommunication facilities shall be removed, and the site restored to an attractive natural condition within six (6) months of abandonment or discontinuance of use. Upon removal, the site must be left in a non-eroding, vegetated condition acceptable to the Planning Board.

The owner is responsible for notification to the Town sixty (60) days prior to ceasing to use the facility as approved by the Board. If the Board concludes that the facility is no longer being used, it shall hold a public hearing to determine if the site has been ‘abandoned’ and if the facility needs to be removed.

To assure that removal takes place in a timely and safe manner and that the site is properly restored, the Planning Board shall require a security deposit in the form of an interest-bearing account equal to the estimated cost of facilities removal and site restoration. It is intended that accumulated interest will allow the security deposit to grow sufficiently to account for rising removal costs over time.

The security account shall be in the name of the Town of Sharon but can be held in escrow by a Town-approved agent. The owner of the facility, with prior written approval of the Planning Board, can use the security account to pay for removal costs. Any funds (including interest) remaining after the facilities are removed and the site is satisfactorily restored shall be returned to the facility owner.

However, if additional funds are needed beyond those held in the security account to complete removal and site restoration, all such expenses shall be the sole responsibility of the owner.

If the owner abandons the facility or if the owner fails to properly maintain the facility or fails to properly correct safety concerns in a timely manner, the Town shall then have the right to utilize the security deposit to remove the facility and restore the site. If the Town concludes that the facility must be repaired or removed, the Board shall notify the registered owner by certified mail of such intent, and shall then hold a public hearing, noticed in accordance with the Town’s site plan notification procedures. The owner shall be provided an opportunity during the public hearing to show due cause why the security funds should not be utilized by the Town.

To assure that security funds are sufficient, the required five (5) year inspections shall include certification by a New Hampshire licensed engineer that the funds in the security account are sufficient for removal and site restoration.

5. Transfer of Ownership

Any permit issued under this ordinance shall be granted only to the applicant, and this permit is not transferable. To enable the Town of Sharon to provide due notice of any concerns, and to assure that there shall be no problems with gaining access to the site, or problems with security deposits, the original applicant and subsequent proposed owner(s) must notify the Town within thirty (30) days of a change in address and or phone number.

A new owner of a telecommunications facility must apply for and receive a new Special Permit from the Planning Board in order to continue having authority to operate the facility. If at the time of ownership transfer the facility is in compliance with the original Town permit, a new permit shall be issued, so long as the following conditions are met to the satisfaction of the Planning Board:

A new security deposit shall be provided to the Town, or the Town shall be provided with evidence satisfactory to the Planning Board that the existing security deposit is still adequate in form and amount to be utilized by the Town if necessary to properly remove the facility and restore the site.

Prior to the issuance of a permit to a new owner, the Planning Board shall hold a public hearing to obtain evidence as to whether the facility complies with these regulations. The new owner shall also pay for an inspection to be conducted for the Town, at the applicant’s expense, which provides certification by properly qualified and licensed professionals that the facility is structurally sound and is performing in compliance with all Federal emission and operational standards.

6. Special Permit Application Process

Anyone wishing to construct, expand or modify a telecommunications facility must obtain a Special Permit from the Sharon Planning Board and must comply with the provisions of this ordinance. The addition of a new or different antenna to an existing telecommunications tower must comply with this requirement.

The Board shall utilize the review and administrative procedures associated with its Site Plan Review process, with the following additional requirement.

1. Regional Notification