HAVERHILL BUSINESS PARK – PROTECTIVE COVENANTS
(Revised 8/3/09)
Purpose
The purpose of these
Protective Covenants is to promote the industrial development of the Town of
Haverhill so as to result in increased employment opportunities and the
increased value of the tax base by making available to business enterprises
site locations subject to mutual benefits by imposing the Protective Covenants
hereinafter contained.
By the enforcement of
these Protective Covenants the Town seeks to preserve economic and aesthetic
values of the Business Park and provide for enhancement of the mutual benefits
to all owners or lessees. These
Protective Covenants shall supplement any local law and take precedence over
and be superior to any less restrictive ordinance or by-law.
ARTICLE I: CONTROL AND ENFORCEMENT
Sec. 1. The Town of Haverhill shall control and
enforce the provisions of these covenants acting through and by its Board of
Selectmen (Board) or their agent. The
Board shall cause competent and timely review to be made of all submissions to
it. The Board shall have authority to
approve all Business Park preliminary and final plans.
Sec. 2. Each owner or lessee, its successors and
assigns shall prepare and submit for approval by the Board a final site development
plan within one year of lease or purchase.
The preparation and submission of preliminary plans is suggested to
assist and expedite the entire approval process. All plans prepared for submission for
approval shall be done in accordance with the intent of the Town Master Plan,
these Protective Covenants, and shall be in compliance with the Town Wetland
and Aquifer Protection Ordinance, the Dean Memorial Airport Zoning Regulations
and FAA requirements, and other applicable Town Ordinances and NH Revised Statutes Annotated.
Sec. 3. Construction of all improvements contained in
the approved site development plan shall be initiated within six (6) months and
be completed within twenty-four (24) months of their approval. An extension for completion of up to twelve
(12) months for good cause may be granted by the Board.
Sec. 4. The Board, after consultation with the owner
or lessee, may seek legal remedy if the owner or lessee remains non compliant
or offers no acceptable plan addressing requirements in Article I, Section 3 of
these Covenants.
Sec. 5. The Business
Park shall be utilized only for business, commercial, or light industrial and
such other commercial uses as the Selectboard shall permit in its sole
discretion based on criteria developed by the Board. Notwithstanding the
foregoing, all uses shall be subject to the prior approval of the Selectboard
in each particular case and the Selectboard or its agent shall review each
particular case.
ARTICLE II: LOT CHARACTERISTICS
Sec. 1. The Board reserves a blanket easement on all
lots for the possible installation of future sewer and/or water mains, or other
utilities.
Sec. 2. No obstructions of any kind may be installed
or planted within 20’ of the hard surface edge of the access road or Airport
Road.
Sec. 3. A landscape design for each lot shall be
required and must be approved as part of the site plan. The Board may require the planting of
vegetative screens as needed.
Sec. 4. Grading of individual lots shall be done in
accordance with the approved site plan and no alteration thereof will be
permitted unless and until the Board approves required changes.
Sec. 5. All truck traffic to the Business Park shall
use the Benton Road entrance/ exit only, except in case of emergency. Maximum speed on the access road shall be 20
mph, conditions permitting.
Sec. 6. All electrical, telephone, data, cable, and
other utility lines run to any building from the main lines along the access
road or from Airport Road shall be installed underground and encased in proper
conduit.
Sec. 7. No domestic animals of any kind shall be
pastured, kept on, or allowed to run loose on any lot at any time.
Sec. 8. No leased lot may be sub-let without written
permission of the Board or agent.
Sec. 9. The buyer or lessee is required to hook up
to the Town sewer line. A connection fee
of $25,000.00 is due to the Town of Haverhill prior to physical connection to
the line. Private septic systems are
prohibited.
Sec. 10. The buyer or
lessee is required to hook up to the North Haverhill Water District water
system. Private wells are prohibited.
Sec. 11. As part of
the site plan, the Board, their agent, or appropriate commission must approve a
drainage system for all surface water and controlled discharge.
Sec. 12. Commercial
mining of any kind is prohibited. This
shall not restrict the use of site materials on any lot site by any owner or
lessee.
Sec. 13. Each lot
owner/ lessee is responsible for the removal of all trash and garbage in a
timely fashion. (See Article V, Section 5)
Sec. 14. A lot owner/
lessee may install fences no more than eight (8) feet in height to protect
materials and equipment housed outside any building or for reasons of safety.
ARTICLE III:
BUILDINGS
Sec. 1. The following building setbacks shall apply
to all lots:
Minimum Distance from
access road r.o.w. shall be 30’
Minimum Distance from
any side lot shall be 20’
Minimum Distance from
any back lot shall be 30’
Sec. 2. Maximum height of any building or structure
(including towers, antennas, or poles) shall be: 35’, except for lots on the airport side of
the access road where stricter height limits apply.
Sec. 3. Any buildings or facilities damaged by fire
or otherwise shall be restored at least to original condition or removed from
the site within six (6) months, or in accordance with a plan approved by the
Board.
Sec. 4. Any exterior lighting shall be installed to
minimize off-site glare to any abutting property owner or interfere with the
operation of the Airport.
Sec. 5. The Town shall in no way be responsible for
any maintenance to the buildings, roads, driveways, parking lots and/or
drainage systems on any lot.
ARTICLE IV: SIGNAGE
Sec. 1. All proposed signs must appear on the site
plan and must be approved by the Board.
No other forms of identification will be permissible.
ARTICLE V:
ENVIRONMENTAL
Sec. 1. No vehicles or heavy equipment are to be
left running while unattended on any lot at any time. No trucks are to be left idling all night.
Sec. 2. No hazardous material may be vented into the
air or discharged onto or into the ground from any facility. Standards for determining air pollution shall
be those of the State of New Hampshire and/or the United States Environmental
Protection Agency.
Sec. 3. Any hazardous material stored or used on
site shall have secondary containment.
Sec. 4. Water pollution controls shall be subject to
requirements and regulations established by the New Hampshire Water Supply and
Pollution Control Division.
Sec. 5. Solid wastes shall be suitably stored
on-site and disposed of by the owner or lessee on a regular basis. The accumulation of solid waste that could
create a public nuisance is prohibited. (See Article II, Sec. 13)
Sec. 6. No underground or above ground storage tanks
are to be installed without a proper permit from the New Hampshire Department
of Environmental Services and/or the United States Environmental Protection
Agency.
Sec. 7. No outdoor burning is permitted.
ARTICLE VI: PARKING
AND UNLOADING
Sec. 1. Employee parking shall be at least one space
for each 1.25 production employees in the largest shift; one space for each
1.50 non production employees; and one space for each customer or visitor. No parking shall be allowed on the access
road or any place other than parking areas provided by the owner/lessee.
Sec. 2. Adequate designated parking space shall be
provided for all commercial vehicles, which are required for the ordinary
operation of the facility.
Sec. 3. All parking areas and driveways shall be
hard surfaced for year-round use.
ARTICLE VII:
INSPECTION OF SITE
Sec. 1. Building occupancy will not be permitted
until the Board or the Board’s agent has reviewed and certified that the
owner/lessee is in compliance with the site plan.
ARTICLE VIII:
AMENDMENT
Sec. 1. These Protective Covenants may be amended
from time to time by the Haverhill Board of Selectmen after a properly
advertised public hearing.
ARTICLE IX: SEPARATE
AND SEVERABLE
Sec. 1. The invalidity of any section, clause,
sentence or provision of these Protective Covenants shall not affect the
validity of any other part of these Protective Covenants, which can be given
effect without such invalid part or parts.
Sec. 2. Failure by the Board of Selectmen to enforce
any of the provisions of these Protective Covenants against any one owner or
lessee shall not be construed as a waiver of the Board’s right to enforce those
provisions against the same or other owners and lessees at any time. The owners individually and collectively
shall also have the right to enforce the covenants and conditions herein.
Adopted: September 12, 2007
Revised: August 3, 2009
Recorded Book 3653
Page 0363
HAVERHILL SELECTBOARD