CDA - Request for Proposals for Realtors experienced in Commercial Real Estate Sales

900602

WI245 159

CITY OF CLAREMONT, NH
INDUSTRIAL DEVELOPMENT AUTHORITY (IDA)
PROTECTIVE COVENANTS

FOR THE

ASHLEY'S LANDING BUSINESS PARK

Adopted: January 25, 2001

RECEIVEN
JAN 39 "621

ECO DEVELOPMENT office

. Wwi24s #160

TABLE OF CONTENTS
Introduction 1
Definitions 1-6
Protective Covenants 7-10
Redevelopment Regulations 10
Building Location 10-11
Vehicle Access I
Parking Standards M- 12
Loading Space Standards 12
Landscaping 13
Signs 13
Lighting 3
Other 14
Performance Standards 14
15

General Provisions

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City or CLAREMONT, New HAMPSHIRE
INDUSTRIAL DEVELOPMENT AuTHoriTy (IDA)
PROTECTIVE COVENANTS
ASHLEY'S LANDING Business PARK

INTRODUCTION

The Claremont Industrial Development Authority (IDA) is a New Hampshire entity established pursuant to
RSA 162-G. The IDA has acquired land in Claremont, County of Sullivan, New Hampshire known as the Ashley's
Landing, a business park herein after called the Project Area.

In order to provide for the harmonious and beneficial development of the Project Area, the IDA
promulgates and declares the following protective covenants and regulations for the orderly sale and development of.

land therein.

These covenants and regulations shall be administered solely by the IDA board of directors and may be
enforced by the said board or any grantee of land subdivided from the Project Area.

The IDA reserves the sole right to rescind or amend the within covenants and regulations. Further, the IDA
in its sole discretion, may waive the application of any covenant or regulation upon its finding that such a waiver
does not create a condition adverse to the orderly and harmonious development of the Project Area.

DEFINITIONS

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to
them in this section, except where the context clearly indicates a different meaning:

Accessory building shall mean a detached building located on the same lot as the use of which is incidental and
subordinate to that of the main building or use of the land.

Accessory use shall mean a land use located on the same lot or on a contiguous lot under the same ownership in all
respects as to title and fractional interest which is incidental and subordinate to that of the main building or use of the

land.

Addition shall mean any construction which increases the size of a building or adds to the building.

Alteration shall mean, as applied to a building or structure, a change or rearrangement in the structural parts or in
exit facilities, or an enlargement on a side or by increasing the height.

Approved shall mean accepted by the IDA in accordance with the provisions of these covenants, or by other
authorities designated in these covenants to give approval to the matter in question.

Area as applied to a structure or building shal] mean the maximum horizontal projected extent of surfaces of the
building or structure at or above grade.

Authority shall mean Claremont Industrial Development Authority (IDA).
Basement shall mean any area of a building having its floor subgrade on all sides.

Building shail mean any structure having a roof and intended for shelter, housing, or enclosure of persons, animals or
properties.

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Building area shall mean the ground area enclosed by the walls of a building together with the ground area of all
covered porches and other roofed portions.

Building height shall mean the height of a building measured from the mean level of the ground surrounding the
building to a point midway between the highest and lowest points of the roof. Chimneys, spires, towers and similar
projections not designed or intended for occupancy shall not be included in determining height.

strative official authorized by the city manager to administer and enforce

Building inspector shall mean the adi
the city building codes.

Building line shall mean the line parallel to the front lot tine and at a distance not less than the required setback
measured between the side lot lines through the building, structure or construction site.

Building site shall mean any lot, or lots in the Project Area upon which an industrial facility and appurtenant
structures are proposed to be erected in conformance with the requirements of the zoning regulations and these

covenants.
Certificate of use and occupancy - refer to the requirements as noted in the Building Code of the City of Claremont.

Client shall mean a potential redeveloper which has expressed an interest in acquiring and developing land within the
Project Area.

Construction classifications shall mean a classification of buildings into types of construction which is based upon
the fire resistance of walls, floors, roofs, ceilings and other elements. See Building Code for classifications.

Developer shall mean a purchaser of a site in the Ashley's Landing Business Park. (All purchasers must build on the
purchased site.)

Development shall mean any manmade change to improved or unimproved real estate, including but not limited to
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations.

Driveway shall mean a private way for the use of vehicles and pedestrians.

Easement shall mean a vested or acquired right 'to use land other than as a tenant, for a specific purpose, held by
someone other than the owner of the land.

Frontage shall mean the distance measured along a lot line having a common boundary with a city street, state
highway, or street approved by the planning board as part of a subdivision plat.

Grade, finish shall mean the top surface elevation of lawns, walks, drives or other improved surfaces after
completion of construction or grading operations.

Gross floor area shall mean the sum of the areas of the several floors of a building as measured from the exterior
faces of the walls excluding cellars, unenclosed porches or attics not used for human occupancy.

Hazardous waste shall mean a solid, semisolid, liquid or contained gaseous waste, or any combination of these
wastes, which, because of either quantity, concentration, physical, chemical or 4 pose a present or potential threat to
human health or environment when improperly treated, stored, disposed of or otherwise mismanaged; or has been
using the criteria established under RSA 147-A. Such wastes do not include radioactive substances that are regulated

or controlled by the Atomic Energy Act of 1954, as amended.

Highest adjacent grade shall mean the highest natural elevation of the ground surface prior to construction next to
the proposed walls of a structure.

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IDA shall mean the Industrial Development Authority of Claremont, New Hampshire.

improvements shall mean the construction of industrial building or buildings, out buildings, appurtenances thereto,
parking areas, loading areas, fences, masonry walls, hedges, lawns, mass plantings and any structures of any type or
kind located above ground.

Junk yard shall mean a lot, land or structure, or part thereof, used primarily for the collecting, storage, or sale of
waste paper, rags, scrap metal or discarded material.

Junk yard, machinery shall mean any yard or field used as a place of storage in which there is displayed to the public
view junk machinery or scrap metal and which occupies an area of five hundred (500) square feet or more.

Junk yard, motor vehicle shall mean any business and any place of storage or deposit, whether in connection with
another business or not, which has stored or deposited two (2) or more unregistered motor vehicles which are no

'longer intended or in condition for legal use on the public highways, or used parts of motor vehicles or old iron,

metal, glass, paper, cordage or other waste or discarded or secondhand material which has been a part, or intended to
be a part, of any motor vehicle, the sum of which parts or materials shall be equal in bulk to two (2) or more motor
vehicles. Motor vehicle junk yard shail also include any place of business or storage or deposit of motor vehicles
purchased for the purpose of dismantling the vehicles for parts or for use of the metal for scrap and where it is
intended to burn material which are parts of a motor vehicle or cut up the parts thereof.

Lot shall mean a parcel of land occupied or capable of being occupied by one (1) building or use, and any buildings
or uses accessory thereto, including such open spaces and yards as are required by this chapter.

Lot area shall mean the area enclosed by property lines of adjoining owners and/or by established highway lines
Lot corner shall mean a lot abutting upon two or more streets at their intersection.

Lot coverage shall mean the area of a lot occupied by the principal buildings or structures, and accessory buildings
or structures, and expressed as a percent of the lot area.

Lot double fronted shall mean a lot having frontage on two (2) parallel or approximately parallel streets.
Lot interior shall mean a lot bounded by a street on one-(1) side only.

Lot line shall mean property lines bounding a lot.

Lot width shall mean the distance between the side lines measured in a straight line at right angles to the mean
direction of such side lot lines, which line of measurement shall be parallel to the front lot line at the front yard depth

required by zoning regulations.

Mean sea level shall mean the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base
flood elevations shown on a community's flood insurance rate map are referenced.

Nonconforming use shall mean any use of land or buildings which is not permitted by any provisions of these
regulations for the district in which such use is conducted but which was legally in existence at the effective date of
any provision, or any amendment thereto.

Noncomplying building shall mean a structure or part thereof not in compliance with the zoning ordinance covering
building bulk, dimensions, height, area, yards, or density where such structure conformed to all applicable faws,
ordinances, and regulations prior to the enactment of the zoning ordinance.

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Parking, off-street shall consist of space for parking motor vehicles including space for turning movements,
maneuvering, and access to the street located entirely on the lot of the use which it serves or with the approval of the

planning board on nearby property owned or leased by the use.
Plat shall mean a plan indicating the location and boundaries of individual lots.

Plot shall mean a lot.

Project area shall mean land in Claremont, County of Sullivan, New Hampshire east and west of State Route 12-A,
and described in the deed of Map 1, Lots 13 and 25, Volume 1075 Page 364 dated November 17, 1995, and known

as Ashley's Landing Business Park.

Property shall mean a lot or plot including all buildings and improvements thereon.
Property Line shal] mean a recorded boundary of a plot.

Public right-of-way - see street.

Recycling facility shall mean any place, equipment or plant designed to collect, store, process and redistribute
separated solid waste so as to return material to the marketplace. No more than five (5) percent of the usable square
footage of the facility may be devoted to used motor vehicles. The collection of hazardous waste, as defined in this

section, is expressly prohibited.
Redeveloper shall mean a grantee who has acquired title to premises within the project area from the IDA.

Redevelopment plan shall mean the plan of development for a property submitted by a client or redeveloper as a
precondition to purchase the property and which depicts proposed development and construction thereon.

Repair shall mean the replacement of existing work with equivalent materials for the purpose of its maintenance but
not including additional work that would affect structures, so as to require submission of a redevelopment plan for

approval by the Planning Board.

Replace shall mean to remove an existing item or portion of a system and to construct or install a new item of similar
or improved quality as the existing item when new.

Setback shall mean the distance from a public or private right-of-way or lot line to the wall of that part of the
structure or use nearest said line, not including entrance steps, marquees, or roof overhangs which are open to light,
air and visibility. In computing setbacks, chimneys which do not exceed six (6) feet in width and thirty (30) inches
in depth are permissible in front of the wall. Ifa structure is of cantilever construction or is supported by beams
and/or columns instead of walls, the setback shall be measured from the line to a point on the ground determined by
dropping a plumb line vertically from the exterior beam or column nearest such line. All measurements shall be
made at right angles to or radially from the line to the structure.

Shall indicates that which is required.

Shrubbery shall mean a planting or growth of shrubs.

'Sign shall mean any permanent or temporary advertisement, direction or. communication produced whole or in part
by the construction, erection, affixing, or placing of the structure, device, letter, banner, or placing any printed,
lettered, pictured, figured or colored materials on any building, structure or surface or which is designed to be seen
from outside a building, including lighted signs in windows, or doors, but excluding: window displays of
merchandise and signs incidental to the display of the merchandise; signs placed or erected for the purposes of
showing street names or traffic directions or regulations, signs erected by any governmental or civic agency.

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Sign, exterior affixed shall mean a sign attached to or erected against the wall of a building with the face ina parallel
plane to the plane of the building wall, and projecting no more than fourteen (14) inches from the building wall.

Sign, freestanding shall mean a sign erected on a freestanding frame, mast or pole which is permanently anchored
and embedded into the ground and not attached to any building.

Sign, frontage shall mean the length along the ground floor of a building site, having frontage on a street, which is
occupied by a separate and distinct principal use which occupies the front of such building.

'Sign, hanging shall mean a sign attached to a building with the plane of the sign at an angle to the plane of the wall
of the building.

Sign, identification shall mean an outdoor sign displaying the name or address of the occupant or identifying a
permitted use or an accessory use.

Sign, noncomplying shall mean a sign which does not comply with zoning regulations but was in existence at the
time of adoption of zoning regulations and was lawful at the time it was erected, constructed or placed in its present

location.

Special exception shall mean a special exception by the zoning board of adjustment, granted under authority of the
zoning ordinance when specific conditions stated in the zoning ordinances are found to exist, which permits the use
of land or buildings in a manner which is otherwise prohibited.

Start of construction shall mean the date a building permit was issued, provided the actual start of construction,
repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date.
The "actual start" means cither the first placement of permanent construction of a structure on-site, such as the
pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the stage of
excavation or the placement of manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor
does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor
does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as

dwelling units or part of the main structure.

Story shall mean that portion of a building contained between any floor and the floor or roof next above it, but not
including the lowest portion so contained if more than one-half of such portion is below the mean finished grade of

the ground adjoining such building.

'Street shall mean a public or private thoroughfare which affords the principal means of access to abutting property.

Structural alterations shall mean any change which would change the supporting members of a building or structure,
such as bearing walls, columns, beams or girders.

'Structure shall mean anything constructed or erected, the use of which requires location on the ground or attachment
to something having location on the ground.

'Structure, permanent shall mean a structure which is built of such materials and in such a way that it would
comunonly be expected to last and remain useful.

Structure, temporary shall mean a structure which is built of such materials and in such a way that it would
commonly be expected to have a relatively short useful life, or is built for a purpose that would commonly be

expected to be short-term

Substantial damage shal] mean damage of any origin sustained by a structure whereby the cost of restoring the
structure to its predamaged condition would equal or exceed fifty (50) percent of the market value of the structure.

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Substantial improvement shall mean any combination of repairs, reconstruction, alteration or improvements to a
structure in which the cumulative cost equals or exceeds fifty (50) percent of the market value of the structure. The
market value of the structure should equal the appraised value prior to the start of the initial repair or improvement
or, in the case of damage, the value of the structure prior to the damage. For the purposes of this definition,
"substantial improvement" is considered to occur when the alteration of any wall, ceiling, floor or other structural
part of the building first commences, whether or not that alteration affects the external dimensions of the structure.
This term includes structures which have incurred substantial damage, regardless of actual repair work performed.
The term does not, however, include any project for improvement of a structure required to comply with existing
health, sanitary or safety code specifications which are solely necessary to assure safe living conditions or any
alteration of a "historic structure;" provided, that the alteration will not preclude the structure's continued
designation as a "historic structure."

Tree shall mean a woody perennial plant with one (1) main stem or trunk which develops many branches.
Usable open space shall mean space in a yard or within a setback area on a lot that is unoccupied by buildings,
unobstructed to the sky, not devoted to service driveways or off-street loading or parking spaces and available to all

occupants of the building on the lot.

Use shall mean the purpose for which a structure or land, or any part thereof is occupied, designed, arranged or
intended.

Use, accessory shall mean a use customarily incidental and subordinate to the principal use of a building, other
structure or lot, or a use not the principal use which is located on the same lot as the principal building or other

structure.

Use, permitted shall mean use specifically allowed in a zoning district excluding illegal uses and nonconforming
uses.

Use, principal shall mean the main or primary purpose for which a structure, building, or lot is designed, arranged,
or intended, or for which it may be used, occupied or maintained under the zoning regulations. The use of any other
structure or land on the same lot and incidental or supplementary thereto and permitted under the zoning regulations
shall be considered an accessory use.

Variance shall mean a waiving of the strict requirements of the zoning ordinance by the zoning board of adjustment
under general authority when there is a showing of peculiar conditions inherent in the property, which cause an
unnecessary hardship under the terms of the zoning ordinance, that the spirit of the zoning ordinance shall be
observed, public safety and welfare secured and substantial justice done.

Yard shall mean a space not occupied by a building or buildings, open to the sky, on the same lot as the principal
building.

Yard, front shall mean a yard extending across the full width of the lot and lying between the front jine of the lot (the
street line) and a line at a distance therefrom as specified by the zoning regulations,

Yard, rear shall mean a yard extending across the full width of the lot and lying between the rear lot line and a line at
a distance therefrom as specified by the zoning regulations.

Yard, side shall mean a yard extending from the front yard to the rear yard situated between the side lot line and a
line at a distance therefrom specified by the zoning regulations.

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PROTECTIVE COVENANTS

The within protective and restrictive covenants are promulgated by the Industrial Development Authority
which declares the same to apply to the land owned by the said Industrial Development Authority located in
Claremont, County of Sullivan, and State of New Hampshire known as the Ashley's Landing Business Park, the same
having been acquired by the Industrial Development Authority by deed dated November 17, 1995 at Volume 1075
Page 364. The above mentioned deed was recorded at the Sullivan County Registry of Deeds.

'These covenants are intended to run with the land and shall be binding upon the Industrial Development
Authority and its successors and assigns in ownership of the said premises as amended and until and unless revoked

as hereafter provided.

1. Definitions: Unless the context clearly indicates otherwise, the following words and expressions shall have the
meanings indicated:

A. IDA--The Industrial Development Authority of Claremont, New Hampshire;
B. Project Area--shall mean land in Claremont, County of Sullivan, New Hampshire east and west of State

Route 12-A, and described in the deed of November 17, 1995 at Volume 1075 Page 364; and known as the
Ashley's Landing Business Park. The above mentioned deed was recorded at the Sullivan County Registry

of Deeds.

C. Redeveloper--a grantee who has acquired title to premises within the Project Area from the IDA.

2. Statement of General Purposes: The following are declared to be the purposes of the acquisition and
development of the Project Area:

A. In general, to provide adequately for the establishment of a high type and quality of industrial development.

B. To require the erection of attractive improvements with appropriate locations on building sites acquired
from the IDA.

C. To guard against the erection of structures built of improper or unsuitable materials.
D. To insure adequate, systematic and reasonable development of all the property owned by the IDA.

E. To protect the owners of building sites against such improper use of surrounding building sites as will
adversely affect the value of their property.

F. To insure proper use and appropriate development and improvement of each building site.
G. To prevent haphazard and inharmonious improvement of building sites.
H. To secure and maintain proper setbacks from streets and adequate free spaces between structures.

3. Development. Land within the project area shal] be redeveloped in accordance with these covenants and
regulations promulgated by the IDA hereunder. .

4, Plan Required. No land within the project area shall be used or developed otherwise than in accordance with a
redevelopment plan approved by the City of Claremont. All submitted plans shall be subject to public review and

comment by the IDA and all other owners in the Project Area.

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5. IDA Control. The redeveloper shall comply with such terms and conditions relating to the purchase, use and
maintenance of such land and improvements thereon as in the opinion of the IDA are necessary to carry out the
purpose and objectives of the development plan.

6. Redevelopment Time Limits. The redeveloper shall commence, execute and complete construction and
improvements under its development plan in accordance with reasonable time schedules as determined and
established by the IDA. Generally, construction shall be completed within one (1) year of land purchase.

7. Speculation Prohibited. The redeveloper shall comply with such terms and conditions specified by the IDA as
are reasonably calculated to prevent holding of land for speculative purposes.

8. Resale. The redeveloper shall not dispose of all or part of his interest in the project land without consent of the
IDA until the full completion by the redeveloper of all improvements required by and in conformity with the terms
and conditions of both these regulations and the development plan approved by the IDA. Consent shall not be
granted except under conditions that will prevent speculation and protect the interest of the IDA and City of

Claremont.

9. Effective Life of Covenants. These covenants shall remain in full force and effect as long as the IDA shall
remain in existence and, in any event, for a minimum of 25 years. In the event, after 25 years, the IDA shall have
dissolved, the enforcement of these covenants shall be automatically transferred to the City of Claremont.

10. Amendment/Waiver. The covenants, conditions, reservations, and instructions created herein may be waived,
abandoned, terminated, modified, altered or changed by the IDA in its discretion. No modification of these
covenants shall be effective until recorded and except with respect to land in the Project Area then owned by the

IDA.

11. Jurisdiction. All redevelopment projects are subject to these covenants, IDA regulations, the Building Code of
the City of Claremont and the State of New Hampshire Energy Code.

12. Published Redevelopment Plan Criteria. Submittals shal] be made in accordance with the criteria outlined by the
City of Claremont zoning regulations and these covenants as amended from time to time by the IDA.

13. Most Restrictive Regulations to Apply. These covenants shall be held to be the minimum requirements for the
promotion of the public health, safety and general welfare; provided, however, that where these covenants are found
to be in conflict with any other lawfully adopted applicable ordinance, code, covenant or regulation, the provision
which imposes the higher standard or is the more restrictive shall prevail.

14, Severability. If any portion of these covenants is found to be unlawful, it shall not void any of the other
provisions.

15. Primacy of IDA Jurisdiction. No permit to build nor any Certificate of Occupancy issued by the Claremont
Code Enforcement Officer shall be sufficient to permit construction or occupancy of premises within the Project
Area unless the same shall have been in accordance with the redevelopment plan, City of Claremont regulations and

these covenants.

16. Permitted Uses Restrictive. No building or structure shall be erected, reconstructed, enlarged or moved for any
use other than that which is permitted herein, nor for any use which violates any of the regulations and controls

specified herein.

17. Permitted Principal Uses. The principal uses permitted in the Project Area are those uses which are permitted in
the appropriate zones as defined by the City of Claremont's Zoning Ordinance. Special Exceptions of the Claremont
Zoning Ordinance are not allowed.

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