PUBLIC NOTICE

TOWN OF WILTON PLANNING BOARD

 

In accordance with RSA Sections 675:3 and 675:7 the Town of Wilton Planning Board will hold a Public Hearing on Wednesday, January 8, 2025, at 6:30 p.m. at the Town of Wilton Courtroom, 42 Main Street, relative to the following Proposed Zoning Amendment Articles. Upon a finding by the Board that the Public Hearing shows cause that the Proposed Zoning Amendment Articles require revision(s), a final Public Hearing will be held on Wednesday, January 29, 2025, at 6:30 p.m. at the Town of Wilton Courtroom, 42 Main Street.

 

Amendments to the Wilton Zoning Ordinance (requires approval by voters at the annual Town Meeting):

 

1. AMEND Chapter 5.0, Residential District, Section 5.3.6(b) to conform with NH RSA 672:1, V-a as amended in 2024.
2. AMEND Chapter 15B.0, Solar Collection Systems, Section 15B.2.6 to update residential solar system requirements.
3. AMEND Chapter 17.0, Non-Conforming Use and Buildings, Section 17.3 to update setback requirements for Special Exceptions.
4. AMEND Chapter 17.0, Non-Conforming Use and Buildings, Section 17.4.2 to conform with NH RSA 674:33, I-a(a) and RSA 674:33, IV(b) regarding expiration rules.

 

Amendments to the Wilton Land Use Laws and Regulations, Section E, Building Code Ordinance (requires approval by voters at the annual Town Meeting):

 

AMEND Wilton Building Code Ordinance to bring the ordinance to compliance with RSA 155-A:10, IV(c) and RSA 674:51, I

Full text of the proposed changes is viewable in-person at the Town Hall and electronically on the Town of Wilton website: www.WiltonNH.gov, or by email (send an email request to [email protected] or call (603) 654-9166).


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PUBLIC NOTICE

TOWN OF WILTON PLANNING BOARD

 

In accordance with RSA Sections 675:3 and 675:7 the Town of Wilton Planning Board will hold a Public Hearing on Wednesday, January 8, 2025, at 6:30 p.m. at the Town of Wilton Courtroom, 42 Main Street, to discuss the following Proposed Zoning Amendment Articles. Upon a finding by the Board that the Public Hearing shows cause that the Proposed Zoning Amendment Articles require revision(s), a final Public Hearing will be held on Wednesday, January 29, 2025, at 6:30 p.m. at the Town of Wilton Courtroom, 42 Main Street.

The Proposed Zoning Amendment Articles require approval by voters as part of the annual Town Meeting process on March 13, 2025, Election Day.

 

2025 Proposed Zoning Amendment Warrant Articles

Warrant Articles - Expanded Descriptions:

1. Are you in favor of the adoption of Amendment No. 1, as proposed by the Planning Board, to the Town of Wilton Zoning Ordinance related to the provisions of Chapter 5.0, Residential District, subsection 5.3.6(b), captioned “Schools and day care centers”, as reflected in the zoning ordinance amendments to conform with NH RSA 672:1, V-a, as amended in 2024, and posted at the Wilton Town Hall and the Wilton Town Website?

 

Items in this amendment include replacing subsection 5.3.6(b) with the following new language:

 

a.          DELETE existing subsection 5.3.6(b) and replace it with the following: “5.3.6(b) Schools and day care centers. The regular or pre-school education, in an occupied dwelling unit, of children not residents of that dwelling unit, is a permitted use and does not require Site Plan Review, provided that either (1) the use is licensed by the State of New Hampshire as a family day care home or family day care group home, as defined in RSA 170-E:2, IV or (2) the use is exempted from licensing pursuant to RSA 170-E:3, I.”

 

 

2. Are you in favor of the adoption of Amendment No. 2, as proposed by the Planning Board, to the Town of Wilton Zoning Ordinance related to the provisions of Chapter 15B.0, Solar Collection Systems (adopted March 2020), subsection 15B.2.6, captioned “Residential System”, as reflected in the zoning ordinance amendments to update residential solar system requirements and posted at the Wilton Town Hall and the Wilton Town Website?

 

Items in this amendment include replacing subsection 15B.2.6 with the following new language:

 

a.          DELETE existing subsection 15B.2.6 and replace it with the following: “15B.2.6 Residential System. Any SCS intended primarily to reduce on-site residential consumption of utility power with 1,000 square feet or less Solar Land Coverage.”

 

 

3. Are you in favor of the adoption of Amendment No. 3, as proposed by the Planning Board, to the Town of Wilton Zoning Ordinance related to the provisions of Chapter 17.0, Non-conforming Uses and Building, subsection 17.3, captioned “Special Exceptions”, as reflected in the zoning ordinance amendments to update setback requirements for Special Exceptions and posted at the Wilton Town Hall and the Wilton Town Website?

 

Items in this amendment include creating a new subsection 17.3.1, and moving the current body of subsection 17.3 into it, and creating a new subsection 17.3.2 as follows:

 

a.          ADD a new subsection 17.3.1 and move the current body of subsection 17.3 into it as follows: “17.3.1 Reduced Setbacks for New Structures. When the dimensions of a lot or the replacement of existing structures on a lot are such that there is no reasonable placement of a proposed new structure on that lot which conforms with the lot setback requirements, the Zoning Board of Adjustment may grant a special exception to permit reduced setbacks, provided that:

a.          The lot dimensions or existing structures which result in the difficulty must have been in existence prior to the adoption of the setback requirements that are to be reduced.

b.         The setback to be reduced must be a lot line setback. Setbacks from wetland or water bodies may not be reduced by a special exception under this section, nor may tower setbacks as specified in the Wireless Communications Overlay District, Section 15.3.5. (Adopted March 2009, Amended March 2020)

c.          The proposed structure and its proposed placement must be in keeping with the existing development of the neighborhood.

d.         The special exception must specifically identify the permitted location of the proposed structure, as shown on a site plan, which is to become part of the record of the decision.

e.          The Zoning Board may restrict the dimension of the proposed structure to balance the reasonable use of the property with the spirit of the zoning ordinance.

(See also Section 4.12) (Amended March 2022)”

 

b.         ADD a new subsection 17.3.2 with the following new language: “17.3.2 Expansion of Non-conforming Structures. When an existing building or structure is non-conforming solely because it does not satisfy a lot line setback requirement or a maximum height limitation, the Zoning Board of Adjustment may grant a special exception to allow its dimensional extension or enlargement, provided that:

a.          No part of the new construction may be closer to any lot line than allowed by the applicable setback requirements. This includes construction which vertically extends any existing portion of the building or structure which is closer to any lot line than allowed by the applicable setback requirements.

b.         No part of the new construction may violate any applicable height limitation.

c.          Define the “magnitude of nonconformity” as the largest shortfall of the actual setback from the required setback for any part of the existing structure. Then the setbacks for the new construction from all lot lines must be increased by the magnitude of the nonconformity. (For example, in the Residential District, where the front setback is 35’, if some point of an existing house is 25’ from the front lot line, then the magnitude of the nonconformity is 10’, so the side and rear lot line setbacks for the new construction must be increased from 15’ to 25’)

d.         The new construction must not increase the visual impact or other adverse effects attributable to the existing non-conformity of the building or structure, either from a public right-of-way or from adjacent lots.

e.          The building or structure, as extended or enlarged, must be in keeping with the character of the neighborhood.”

 

 

4. Are you in favor of the adoption of Amendment No. 4 as proposed by the Planning Board, to the Town of Wilton Zoning Ordinance related to the provisions of Chapter 17.0, Non-conforming Uses and Structures, subsection 17.4.2, captioned “Expiration” as reflected in the zoning ordinance amendments to conform with NH RSA 674:33, I-a(a) and RSA 674:33, IV(b) regarding expiration rules and posted at the Wilton Town Hall and the Wilton Town Website?

 

Items in this amendment include replacing subsection 17.4.2(b) with the following:

 

a.          DELETE existing subsection 17.4.2(b) and replace it with the following new language: “17.4.2(b). If an application is filed with the Planning Board in reliance upon an unexpired variance or special exception, then the expiration date of that variance or special exception shall be extended to 6 months after the resolution of that application. “Resolution” includes denial or final approval of the application and the decision of any subsequent appeals.”

 

 

5. Are you in favor of the adoption of Amendment No. 5 as proposed by the Planning Board, to the Town of Wilton Land Use Laws and Regulations related to the provisions of Section E, captioned “Building Code Ordinance”, as reflected in the Town of Wilton Zoning Land Use Laws and Regulations to bring the ordinance to compliance with RSA 155-A:10, IV(c) and RSA 674:51, I and posted at the Wilton Town Hall and the Wilton Town Website?

 

Items in this amendment are identified by highlighted, italicized text relative to each Article requiring amending.

 

a.          ARTICLE I. PREAMBLE

1. AMEND the first sentence in the second paragraph to read as follows: “This Ordinance is adopted by the vote of the 2025 Wilton Town Meeting pursuant to, and in accordance with, the authority granted by RSA Sections 674:51 and 155-A:3.”

 

b.         ARTICLE II. APPLICATION; GENERAL

i.     AMEND the first paragraph to read as follows: “This Ordinance shall apply to the construction, alteration, relocation, enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and demolition of every building or structure or any appurtenances connected or attached to such buildings or structures after the effective date of this Ordinance or any applicable amendment thereto, of all structures in the Town of Wilton, unless otherwise expressly exempt herein or under the provisions of the New Hampshire State Building Code, as defined by RSA 155-A:1. See 2021 International Building Code (IBC) Section 101.2; 2021 International Residential Code (IRC) Section R101.2.”

 

ii.    AMEND the second sentence in the third paragraph to read as follows: “The Town hereby modifies the term the term “structure” as is defined by Section 202 of the IBC and Section R202 of the IRC to include structures not only upon the land, but also in the land, including but not limited to swimming pools.

 

c.          ARTICLE III. BUILDING CODE AND PERMITS

i.     Building Code

1. ADD an “s” onto the word ‘Code’ in the first paragraph;
2. ADD the phrase “, or independently, “NH Fire Code” and “NH Building Code” after “NH State Codes” in the first paragraph;
3. ADD an “s” onto the word ‘Code’ after “NH State Code” three times in paragraph two;
4. DELETE item “g”, and RELABEL “h” as “g”, “i” as “h”, “j” as “i”, “k” as “j” and “l” as “k”;
5. DELETE the text of ‘l’ and replace it with the following: “National Fire Protection Association Code 54 (NFPA54).”; and
6. AMEND the last paragraph to read as follows: “The design, construction, demolition, relocation, remodeling, alteration, reconstruction, use, occupancy and maintenance of all structures in the Town of Wilton, and activities relating thereto, shall adhere to the provision of the State Codes, except to the extent that this Ordinance enacts more stringent modifications of the State Codes. In addition to the foregoing, all such work, as set forth in this Paragraph shall further comply with all other requirements of the Town of Wilton Zoning Ordinance and Land Development Regulations and all other applicable laws, ordinances, and regulations.”

 

ii.    Building Permits

1.   ADD the following paragraph to the beginning of the subsection: “Section 105.1 and 105.1.2 of the IBC and Sections R105.1 and R105.2 of the IRC are hereby modified by the Town of Wilton as follows: Any owner who intends to construct, enlarge, remodel, alter, repair, move, relocate, demolish or change the occupancy of a building or structure, or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by the State Code or to cause any such work to be performed, shall first make application to the Wilton Building Inspector and obtain the required permit.”

2.   AMEND the second paragraph to read as follows: “Notwithstanding any exemptions set forth in Section 105.1.2 of the IBC and Section R105.2 of the IRC, work as identified in the preceding paragraph of this Section III (B) involving the following structures shall require a building permit:”

3.   AMEND item ‘a’ to read as follows: “Dwelling units of any type (conventional construction, modular, manufactured homes, trailers or other), unless the construction is merely cosmetic;”

4.   AMEND item ‘b’ to read as follows: “Commercial, industrial, or agricultural buildings;”

5.   DELETE the word “tents” in item ‘c’;

6.   DELETE the first sentence in paragraph three.

7.   ADD the phrase “or the Town” after the word ‘State’ in the fourth paragraph.

 

iii.   Design Criteria

1.   AMEND the first paragraph to read as follows: “The Town hereby modifies the provisions of the State Codes as reflected below and requires adherence to the following structural design standards:

2.   AMEND the structural design standards as follows: (a) Wind speed: 115 - 120 mph (IBC 1609.3; IRC R301.2); (b) Ground snow load: 70 pounds per square foot (at 900’ elevation) (IBC 1602.1; IRC R103.2); (c) Weathering: severe (R402.2 and Table 402.2); (d) Frost line depth: 48 inches (R403.1.4.1); (e) Termite probability: slight to moderate (IRC 318.4); (f) Air Freezing Index 2000 (IRC 403.3); (g) Mean Annual Temperature 45.24 degrees F (IRC R301.2 and “Air Freezing Index - USA” by National Climate Data Center); (h) Flood hazard based on Flood Insurance Rate Maps (IBC 1612.3); (i) Seismic Design Category B (IRC 606.2.10); (j) Any event tent erected on public or private property shall comply with the applicable provisions of the State Codes, unless exempt pursuant under RSA 155-A:2, V-a, and are further exempt from the provisions of this Ordinance.”

 

iv.   Application for Permits

1.   ADD a new sentence to the end of the first paragraph to read as follows: “Such permit shall contain information required by Section R105.3 of the IBC or Section 105.3 of the IBC, as applicable.”

2.   AMEND the second paragraph to read as follows: “In addition, and as permitted by Section 105.3(4) and (7) of the IBC and Section R105.3(4) and (7) of the IRC, all applications for building permits shall be accompanied by the following additional construction documents: (a) Documents showing in sufficient clarity and detail the location, nature and extent of the work proposed and that it will comply with this Ordinance, the Land Use Laws, and all Applicable Laws, as determined by the Building Inspector; (b) Approval of the construction of any proposed individual sewage disposal system by the New Hampshire Department of Environmental Services, Subsurface Bureau; (c) If site plan review was required by the Zoning Ordinance, a copy of the site plan, approved  by the Planning Board; (d) If stormwater management review was required by the Zoning Ordince, a copy of the Stormwater Management Agreement and Inspection & Maintenance Manual (I&M), approved by the Planning Board; and (e) When required by the Building Inspector, the applicant shall also include a list of required third-party inspections and the agencies performing them.”

 

v.    Issuance of Building Permits

1.   DELETE the phrase “twenty (20)” and REPLACE with the phrase “thirty (30)” in the first sentence of paragraph one.

2.   ADD a new sentence to the end of the first paragraph to read as follows: “For the purpose of this Section E, a completed application shall be an application that includes all required construction documents, submittals, and fees.”

3.   DELETE the word ‘they’ from the first sentence of the second paragraph and ADD the phrase “the permits” hereafter.

4.   DELETE paragraph four.

5.   DELETE the word ‘submitted’ in the first sentence of paragraph five and REPLACE with the phrase “and submittals provided”.

 

vi.   Additional Requirements for General Commercial Building Permits

1.   AMEND the first paragraph to read as follows: “In addition to the requirements set forth in Section D above, and as permitted by IBC Section 105.3(4) and (7) and Section R105.3(4) and (7) of the IRC, the following shall be provided to complete applications for building permits for commercial structures, which, for purposes of this Ordinance, includes structures for agricultural or industrial use:”

 

d.         ARTICLE IV. CERTIFICATES OF OCCUPANCY

i.           AMEND the first sentence in first paragraph to read as follows: “Before any new, reconstructed, altered, relocated, or repaired, structure may be occupied or used as contemplated by a building permit, or before any structure may be used as part of any change of use, a Certificate of Occupancy must be issued.”

 

e.          ARTICLE VI. SANITATION

i.           DELETE the phrase “the International Private Sewage Disposal Code” from the first sentence in paragraph one.

 

f.          ARTICLE VIII. ADMINISTRATION AND ENFORCEMENT

i.           AMEND the first paragraph to read as follows: “The Select Board shall appoint and replace, as appropriate, a Building Inspector (the “Building Inspector”), whose duty it shall be to administer and enforce the provisions of this Ordinance and the NH Building Code in accordance with RSA Chapters 674 and 676. In addition, the Building Inspector shall enforce the provisions of the Zoning Ordinance, as set forth in Chapter 19 thereof, and the Wilton Fire Chief, or his designee, shall enforce the provisions of the NH Fire Code.

ii.          DELETE the word ‘State’ and REPLACE with the word “Building” in the second paragraph.

iii.         AMEND the third paragraph to read as follows: “If the Building Inspector determines that activities have begun or are proceeding in violation of this Ordinance or the NH Building Code, the Building Inspector shall issue a cease and desist order pursuant to RSA 155-A:7 and :8 and RSA:17 and/or :17-a and/or notice of violation (either a “notice”) to the property owner on which they are occurring. All activity subject to the notice shall immediately cease, save only for work necessary to bring the activity into compliance or to remove an unsafe condition. If the site is not compliant within the period set forth in the notice of violation, the Building Inspector shall notify the Select Board. The Select Board shall thereafter take immediate steps to enforce compliance by seeking an injunction in the Superior Court, civil fines and attorneys’ fees or by any other appropriate means. The enforcement authorities conferred on the Building Inspector under this Article VIII shall be exercised by the Fire Chief in the event of any violation of the NH Fire Code.”

 

g.          ARTICLE IX. BOARD OF APPEALS

i.           Jurisdiction

1.   ADD the letter “s” after the word “code” resulting in NH

State Codes.

ii.          Other Appeals

1.   DELETE the word ‘State’ after the acronym ‘NH’ and REPLACE with the word “Building”.

2.   DELETE the word ‘State’ after the acronym ‘NH’ resulting in

NH Fire Code.