River Park Proposed Subdivision Conditions

8/4/2019 River Park Proposed Subdivision Conditions

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1. MOTION:

_______________________ moves that the Lebanon Planning Board APPROVE / DENY the Final

Major Subdivision application for XYZ DAIRY, LLC in accordance with the Subdivision Regulations

for a 22-lot subdivision for a phased development known as River Park, located at North Main

Street, Tax Map 44, Lots 3 & 7 and Tax Map 57, Lot 27, West Lebanon, NH, in the CBD, IND-L, and

R-3 zones, #PB2011-01-FMAJ, as shown on plan set titled “Subdivision Plan – River Park” (67

pages), prepared by Holden Engineering & Surveying, Inc., issued for permitting: June 10, 2010,

latest issue: January 18, 2011, including any and all supplemental submissions and testimony

provided during the public hearing, with the following conditions:

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STAFF RECOMMENDATIONS:

If the Board moves to approve this application, then based on the information reviewed by City staff,the Planning Office recommends that the Board approve the application with the followingconditions:

DRAFT CONDITIONS:

This Final Major Subdivision approval is for the development of River Park, a 22-lot subdivision,within 3 zoning districts, in accordance with the Lebanon Zoning Ordinance dated last revised July21, 2010, and the Lebanon Subdivision Regulations dated last revised May 14, 2001.

CONDITIONS-PRECEDENT TO THE SIGNING AND RECORDING OF THE MYLAR:

(These conditions shall be satisfied within 2 years of the date of the Notice of Action.)

1. Prior to the signing and recording of the mylar and prior to the start of any construction

activities on the property, which for purposes of this decision shall mean any construction,excavation, or other site work associated with the construction or installation of buildings,roadways, parking, water, sewer, or storm drainage infrastructure, (this condition is not intended to preclude temporary construction trailers or site office) the applicant shall providetwo complete sets of revised plans to the Planning Office, depicting the following planchanges:

a) The sidewalk and curbing improvements proposed by the applicant along NH Route10 and depicted on the approved subdivision plan set running along the propertyfrontage from a point opposite Fountain Way to Chandler Street shall be extendedfurther south along NH Route 10 to Beyerle Street to provide a safe and convenientpedestrian connection to the existing sidewalk network on NH Route 10 and BeyerleStreet to the satisfaction of the City Engineer. All curbing shall be granite and the

sidewalk may be either concrete or asphalt, at the applicant’s discretion, to beconstructed in accordance with the City’s standards.

Lyme Properties – We continue to believe that Crafts Avenue is the best pedestrian route to the site, based upon the City’s Master Plan, neighborhood input, and the River Park Master Plan. Installation of this sidewalk would have a substantial negative effect on the impacted properties, including the removal of mature trees, relocation of existing utilities,and grade cuts requiring either extensive grading on private property or the installation of retaining walls. We ask the Planning Board to reconsider this condition.

b) The lane striping layout for all improvements within NH Route 10 shall be revised onall applicable sheets of the approved subdivision plan set to depict 11-foot wide


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travel lanes to match the existing lane widths provided on NH Route 10 north of theproject site to the satisfaction of the City Engineer, which shall not be reasonably withheld . The additional pavement width available from narrowing the travel lanesfrom 12 feet to 11 feet shall be used to widen the proposed shoulder from 2 feet to 4feet on the southbound side of NH Route 10 as depicted on Sheet 66 (RoadwaySections) of the approved subdivision plan set in order to facilitate safer bicycle usealong NH Route 10, which has been designated as a Statewide Bicycle Route by theNHDOT and a Regional Bike Route in the Upper Valley Lake Sunapee Region.

Lyme Properties – This condition appears innocuous, but would require reengineering the current roadway to ensure proper crowning, drainage, etc. costing many thousands of dollars, all for a very short bicycle lane to nowhere. This is wasteful when there are no plans or physical room to construct a bicycle lane for Route 10 North of our site. Further, the City does not have the authority to mandate changes north of the urban compact line, which is entirely under the control of NH DOT. Lyme suggests shared lane marking (sharrows) on Route 10 as a more effective alternative.

c) The lane striping layout for the development roadway shall be revised on allapplicable plan sheets to depict 11-foot wide travel lanes and 5-foot wide shouldersto the satisfaction of the Planning Office.

Lyme Properties – Lyme suggests shared lane marking (sharrows) instead,especially since the City Council has mandated that River Park Drive be a private road maintained by the applicant.

d) Sheets 15 & 16 of the approved subdivision plan set shall be revised to indicate thatall proposed street trees shall have a minimum caliper of 2.5” – 3”, measured 6”above finished grade level, at the time of planting, pursuant to Section 6.2.B(4) of theSite Plan Review Regulations, to the satisfaction of the Planning Office.

Lyme Properties – We have no objection to this condition.

e) Sheets 17 & 18 of the approved subdivision plan set shall be revised to include a

note that street lights along the development roadway shall be installed to provide fullcut-off optics and that the height of such fixtures shall be 20 feet above finishedgrade to match the height and design of all on-site light fixtures as depicted in theplan sets titled “Site Plan – River Park”, prepared by Holden Engineering &Surveying, Inc., issued for permitting: June 10, 2010, latest issue: May 2, 2011,(#PB2010-25-SPR) to the satisfaction of the Planning Office.


f) The subdivision plans shall be revised to reflect the final lot dimensions and metesand bounds, as depicted in the plan set titled “Site Plan – River Park”, prepared byHolden Engineering & Surveying, Inc., issued for permitting: June 10, 2010, latestissue: May 2, 2011, (#PB2010-25-SPR), to the satisfaction of the Planning Office.


g) The subdivision plans shall be revised to depict easements for shared access forLots 1 & 2; Lots 3 & 4; Lots 4 & 5; Lots 8, 9, & 10; and Lots 29 & 30, to thesatisfaction of the Planning Office.


2. Prior to the signing and recording of the mylar and prior to the start of any constructionactivities on the property, the applicant shall submit final designs, including constructiondrawings, of all infrastructure features, both on- and off-site, including the streets, sidewalks,



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water and sewer utilities, and storm drainage systems, to the City Engineer for approval ,which shall not be unreasonably withheld .

Lyme Properties – We have no objection to this condition with the addition of the clarifying language.

3. Prior to the signing and recording of the mylar and prior to the start of any constructionactivities on the property, excluding the single family homes on Lots 29 and 30 , the applicantshall prepare final designs and construction details for the two bridges that are part of and

integral to the development roadway. Such final designs and construction details shall besubmitted to the City Engineer and Planning Office for review and approval.

Lyme Properties – We have no objection to this condition with the addition of the clarifying language.

4. Prior to the signing and recording of the mylar and prior to the start of any constructionactivities on the property, the applicant shall sign a Subdivision Agreement in accordancewith Section 7.4 of the Lebanon Subdivision Regulations.


5. Prior to the signing and recording of the mylar, the applicant shall enter into a Performance

Security Agreement pursuant to Section 14.6 of the Subdivision Regulations, for all requiredimprovements intended to serve the entire subdivision, both on- and off-site, including, butnot limited to: roadways and sidewalks, sewer and water utilities within the development andthe sewer main within Crafts Avenue, storm drainage systems for the developmentroadways, erosion control, and landscaping and street lights located within the proposedrights-of-way in an amount considered adequate by the Department of Public Works, and ina form satisfactory to the City Attorney. The Performance Security Agreement shall besecured by a surety bond, a letter of credit, or an escrow account for the full anticipated costof such improvements.


6. Prior to the signing and recording of the mylar and prior to the start of any constructionactivities on the property, the applicant shall sign a Water & Sewer Extension and InspectionAgreement in accordance with Chapter 181 of the City Code and Section 14 of theSubdivision Regulations for water and sewer mains within the development and for thesewer main within Crafts Avenue serving the entire subdivision.


7. Prior to the signing and recording of the mylar and prior to the start of any constructionactivities on the property, the applicant shall obtain all required State approvals for thesubdivision including, but not limited to, the following:• NHDES Alteration of Terrain Permit• NHDES approval for Sewage Discharge

• NHDOT Driveway Permit for the northerly development entrance and any otherimprovements within the portion of NH Route 10 under NHDOT jurisdiction


8. Prior to the signing and recording of the mylar and prior to the start of any constructionactivities on the property, the applicant shall provide to the City for review Traffic SignalWarrant Analyses for both the north and south development entrances. If a Traffic SignalWarrant Analysis for the southerly development entrance indicates that signalization of theintersection will be required during any phase of the development, the applicant shall berequired to install all necessary conduit and other below-grade improvements at the time theintersection is constructed, to the satisfaction of the Department of Public Works.



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Signalization of the north entrance shall be subject to approval and requirement of the NHDepartment of Transportation.

Lyme Properties – We have no objection to conducting the Warrant Analysis for the southern entrance, but we believe we should have the right to install the infrastructure and traffic signal when it is actually needed. Requiring installation of this infrastructure at the project inception is unfair, especially if future projects approved in West Lebanon render the warrant analysis invalid.

9. Prior to the signing and recording of the mylar and prior to the start of any constructionactivities on the property, the applicant shall provide a complete set of plans for the proposedgeometric improvements at the Main Street/Bridge Street/Dana Street intersection asrecommended in the applicant’s Traffic Impact and Access Study, prepared by HoldenTransportation Engineering, dated August 17, 2010, including a detailed signalization planfor the intersection and for the interconnection of a coordinated signal system including theintersections of Main Street/Tracy Street and Main Street/South Main Street/Maple Street, inaccordance with proper design guidelines and NHDOT standards, to the satisfaction of theCity Engineer.

Lyme Properties – We certainly recognize that River Park will generate traffic and we are prepared to pay our fair share of traffic mitigation. However, we do not believe we should be solely responsible for the design or construction of these improvements. The traffic on Main

Street is dynamically driven by many factors, not just the River Park project. Other projects,such as the new Hannaford Supermarket and the proposal for Twin State Sand & Gravel, will also contribute to traffic on this road. The existing and proposed traffic is not all ours, so we see no reason why the cost of designing and improving it should be allocated entirely to our project; the rational nexus test for the scope of this condition has not been met.

The City is in the best position to be able to design and construct these types of improvements. We are willing to make a monetary contribution toward these improvements in the amount of $150,000 to be paid at the time the building permit for Phase 3 is issued.

10. Prior to the signing and recording of the mylar, the applicant shall demonstrate that there is afeasible location on Lot 7 for a safe and convenient access for a driveway without

unreasonable grades, as required by Section 13.3.A of the Subdivision Regulations. If suchdriveway access is proposed from the development roadway, the applicant shall be requiredto comply with the City’s Driveway Permit standards (although no permit is required) to thesatisfaction of the City Engineer. If such driveway access is proposed from NH Route 10, theapplicant shall obtain a Driveway Permit from the NH Department of Transportation.

Lyme Properties - An existing driveway access exists for this lot from Route 10. We propose a substitute condition as follows:

“A note shall be added to the mylar noting that access to Lot 7 is limited to Route 10 and is subject to NH DOT regulations.”

It doesn’t make any sense to require us to obtain a Driveway Permit for a lot that we have

no development plans for, as a condition precedent to recording the subdivision mylar.

11. Covenants and Deeds Restrictions or a conservation easement governing the common openspace shall be written and recorded to ensure compliance with Section 12.2 of theSubdivision Regulations to the satisfaction of the City’s attorney. As proposed by theapplicant, such covenants and deed restrictions or conservation easement shall specificallyallow for access by the general public to the Open Space parcel (Lot 6) along theConnecticut River frontage via a proposed pathway depicted on Lot 3 and Lot 24 and/or viaany other access way that might be proposed and provided by the applicant. Theconstruction or installation of any such a pedestrian pathways to the Open Space parcelshall be subject to and in accordance with a NHDES Comprehensive Shoreland Protectionpermit for the development.



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Lyme Properties – We have no objection to this condition with the deletion noted above.

12. Prior to the signing and recording of the mylar, the street names and numbering within thesubdivision shall be approved by the City Engineer and the Lebanon Police Department toensure compliance with the State’s Enhanced 911 system.

Lyme Properties – We have no objection to this condition, provided the Planning Board allows the privately developed roadway to be named River Park Drive.

13. Prior to the signing and recording of the mylar, the applicant shall provide a digital recorddrawing of the subdivision plan (CAD .dwg format using NH State Plane Coordinate system)to the Planning Office. The subdivision plan shall be recorded in the Grafton County Registryof Deeds prior to any occupancy of any new buildings within the subdivision.


GENERAL CONDITIONS OF APPROVAL:

14. The applicant acknowledges that the overall build-out of the River Park development willoccur in seven (7) phases over an extended period of time in accordance with the application

materials submitted to the Planning Board for Site Plan application (#PB2010-25-SPR). Theapplicant further acknowledges that the development roadway; extension of Crafts Avenue;water and sewer mains, excluding service connections, necessary to serve the subdivision;and storm drainage infrastructure necessary to serve the subdivision roadway, will beconstructed and/or installed during Phase 1 and Phase 2 as proposed by the applicant andapproved by the Planning Board. The applicant shall complete all required subdivisioninfrastructure, as noted above, within a period of 4 years from the date of the PlanningBoard’s final approval, unless, prior to the end of the 4-year period, the applicant shall havesubmitted an updated phasing schedule to the Planning Board and received approval foradditional time to complete the subdivision infrastructure improvements.

Lyme Properties – The condition suggested by staff does not reflect our proposed phasing

schedule. It is not possible to complete all of the infrastructure work until Phase 2 reaches completion and the single family lots are excluded from the phasing schedule. Lyme requests the four years allowed by state statute to substantially complete Phase 1 and Phase 2 after commencement of construction for each phase.

15. Prior to the start of any construction activities within existing public rights-of-way subject toCity jurisdiction, including NH Route 10 inside the urban compact area and Crafts Avenue,the applicant shall sign a Performance Security and Inspection Agreement in accordancewith Section 14 of the Subdivision Regulations for completion of off-site roadwayimprovements along NH Route 10 within the urban compact area and for restoration ofCrafts Avenue following installation of the required sewer main, to the extent suchperformance security has not already been provided to the City pursuant to Condition #5 of

this decision. Any required agreements or performance security for improvements within NHRoute 10 outside of the urban compact area shall be as approved and required by the NHDepartment of Transportation.

Lyme Properties – This condition is acceptable provided the single family lots be excluded from this condition.

16. The applicant shall request approval from the City of Lebanon Public Safety Committee forthe installation of a crosswalk across NH Route 10 at the Maple Street intersection. If suchcrosswalk is approved and authorized by the Public Safety Committee, the applicant shall berequired to install the crosswalk and appropriate signage at the time of construction of other



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required improvements along NH Route 10, to the satisfaction of the City Engineer, which shall not be unreasonably withheld.

Lyme Properties – We have no objection to this condition with the addition of the clarifying language noted above.

17. Prior to the start of any construction activities for which construction inspection is requiredpursuant to this decision or any applicable ordinance or code, the City shall retain theservices of an independent 3rd party inspector, for which the applicant shall be responsible

for all inspection fees related to construction and installation of on- and off-site roadways,sidewalks, water and sewer utilities, storm drainage systems, and erosion control, inaccordance with Chapter 181 of the City Code and Section 14 of the SubdivisionRegulations. The applicant shall provide funding for inspection services in a form acceptableto the City. Third party engineer inspection reports and as-built drawings provided by theapplicant (using NH State Plane Coordinate system), including tie sheets and Northing andEasting coordinates and elevations of underground utilities, shall be reviewed and approvedby the City Engineer, prior to acceptance of any utility improvements by the City and all such inspection reports shall be made available to the applicant .


18. The applicant shall comply with all other applicable provisions of Chapter 181 of the CityCode, to the satisfaction of the Department of Public Works.


19. All proposed streets, sidewalks, water and sewer mains, and service lines shall beconstructed pursuant to the City’s standards except as modified by the City Council for Crafts Avenue .


20. The applicant shall implement and maintain NHDES Site Specific Best ManagementPractices before, during, and after construction.


21. All required street trees and landscape plantings within the proposed rights-of-ways shallmeet the minimum size requirements for such plantings set forth in Section 6.2.B of the SitePlan Review Regulations at the time of installation.


22. The applicant shall dedicate the completed water mains and hydrants within the subdivision,excluding service connections beyond the curb shut-off valves, to the City for ownership and

maintenance, subject to appropriate easements. Said conveyance and easements shall beapproved by the City Attorney and the Department of Public Works and recorded in theGrafton County Registry of Deeds prior to acceptance of any utility improvements by theCity.


23. The applicant shall dedicate the completed sewer main within the Crafts Avenue right-of-way, excluding sewer lateral connections, to the City for ownership and maintenance. Saidconveyances and easements shall be approved by the City Attorney and the Department ofPublic Works and recorded in the Grafton County Registry of Deeds prior to acceptance of



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any utility improvements by the City. All sewer mains within the development upstream of theCrafts Avenue right-of-way shall remain privately owned and maintained by the applicant.

Lyme Properties – We have no objection to this condition but we do question why sewer is treated differently than water.

24. The applicant shall comply with all applicable conditions of the Lebanon City Council’sapproval, dated May 18, 2011, concerning connection of City water and sewer systems forthe River Park development.


25. The applicant shall offer to dedicate the extended roadway and cul-de-sac of Crafts Avenueto the City for ownership and maintenance.


26. In accordance with the City’s Impact Fee Ordinance fee schedule adopted on September 13,2010, this application is exempt from impact fees for a period of 4 years from the date of thePlanning Board’s final approval. Building permits obtained after the 4-year period shall besubject to impact fees in existence at the time of the Building Permit application submission.


27. The Planning Board hereby grants waivers for Section 11.4.A.23 (Availability of Other Utilities ) of the Subdivision Regulations.


28. This approval is a final, conditional subdivision approval for a "phased development" underSection 4.9 of the Site Plan Regulations and Section 7.5 of the Subdivision Regulations. Thedeadlines for the construction of improvements within each phase shall be as stated in theapproved phasing plan instead of the 2 year period under Section 7.4.H of the SubdivisionRegulations. The Subdivision as a whole and all phases within the Subdivision have beenreviewed and approved under the "Review of Final Plat" process under Section 7.4 of the

Subdivision Regulations and it is the intent and effect of this approval that, provided the applicantcomplies with all conditions of this approval, the Subdivision as a whole and all phases within theSubdivision shall be fully vested as a phased development under Section 7 of the SubdivisionRegulations, RSA 674:39 and/or the New Hampshire common law of vestedrights. Notwithstanding anything contained in this approval to the contrary, upon substantialcompletion of the Phase 1 infrastructure improvements, the approved subdivision plan andall phases thereof shall permanently vest and shall become exempt in perpetuity from allsubsequent changes in local land use regulations (ie, subdivision regulations, site planregulations, zoning ordinances) except impact fees adopted pursuant to RSA 674:21 and 675: 2-4.

2. AUTHORIZATION FOR PLAT SIGNING:

__________________________ moved that the Lebanon Planning Board authorizes the Chair to

sign the plat for XYZ DAIRY, LLC, #PB2011-01-FMAJ, as described above.



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The motion was seconded by _________________________. The vote on the motion was

________.

Documents

River Park Proposed Subdivision Conditions