[Amended 7-5-1988; 4-25-2000]
A. An open space subdivision (OSS) represents a form of residential
development where, instead of subdividing an entire tract of land
into lots of conventional size and arrangement, a similar number of
single-family housing units, duplexes in an R-12 Zone, may, at the
discretion of the Planning Board, be arranged on the land in a more
innovative fashion which better fits the topography and natural attributes
of the site. The remaining land in the tract which has not been built
upon shall be set aside for municipal use or integrated among the
housing units and reserved for usable common open space. Said open
space shall be held in a form of ownership that will prevent it from
being further subdivided or developed.
B. The purpose for establishing this article is to promote a development
pattern that creates areas of usable and accessible open space; provides
land for municipal use; prevents disruption of natural topography
and drainage systems; maintains the rural and open character of the
undeveloped area of the City; protects historically significant buildings,
resources, and/or landscapes; protects valuable wildlife areas; allows
for attractive site design; and encourages a lesser and more practical
utility and street network.
[Amended 7-5-1988; 2-10-2004]
A. An open space subdivision with subdivision lots or cluster arrangements
shall be subject to the granting of a major subdivision approval pursuant
to the regulations contained herein. A plan for an open space subdivision
with cluster arrangements shall depict, in addition to the required
contents of a subdivision plat, the locations of all proposed building
sites, roads, driveways, parking lots and other features determined
by the Planning Board to be necessary for proper review of the plan.
B. In specific cases, the Planning Board may vary the provisions contained herein, provided the modifications are consistent with the concept and purpose stated in §
157-19 above.
[Amended 7-5-1988; 3-19-1991; 4-25-2000; 2-11-2003; 2-10-2004; 8-26-2008; 3-23-2010]
A. Location.
(1) Any major subdivision within an R-40 District shall be required to
adhere to the following procedures for said development.
(2) Any proposed development in an R-20 or R-12 District that meets the
minimum lot size requirement for an open space subdivision shall be
required to adhere to the following procedures for said development.
B. Permitted uses shall be as follows:
(1) All uses permitted in the zoning district within which the open space
subdivision is located.
(2) Open space, private or public, providing for both passive as well
as active recreational facilities.
C. Minimum project area permitted for an open space subdivision shall
be as follows:
|
Contiguous Acres Required
|
---|
Zoning District
|
Residential Only
(acres)
|
With Commercial
(acres)
|
---|
R-40
|
No minimum
|
50
|
R-20
|
15
|
50
|
R-12
|
5
|
20
|
(1) Projects not meeting the minimum acreage requirements of an open
space subdivision shall follow these additional requirements:
(a)
A preliminary public hearing shall be conducted by the Planning
Board prior to an applicant's formal submittal application for major
subdivision approval. Prior to this preliminary public hearing, the
applicant shall submit two different design review plans for general
discussion, one yield plan showing a subdivision plan based on conventional
regulations and a second plan design as an open space subdivision.
At said preliminary public hearing, the applicant shall be responsible
for demonstrating that the characteristics of his/her plan warrant
consideration for development as an open space subdivision.
[1]
The disposition of the public hearing shall be executed as per the procedure established in §
157-12.
[2]
Within 30 calendar days of the date of public hearing, the Planning
Board shall render a determination as to whether the applicant can
process his/her application as an open space subdivision or as a conventional
subdivision.
(b)
An impact statement shall be submitted which details the probable
effects of the subdivision on the following aspects of concern to
the City:
[1]
Attendance at public schools;
[2]
Increase in vehicular traffic;
[3]
Changes in the number of legal residents;
[4]
Increases in municipal costs;
[5]
Load on public utilities or future demand for them;
[8]
Changes in surface drainage;
[9]
Increased consumption of groundwater;
[10] Increased refuse disposal;
[11] Pollution of water or air;
[12] Land erosion or loss of tree cover;
[13] Disturbance to other aspects of the natural ecology;
[15] Harmony with the character of surrounding development;
and
D. Density.
(1) Density allocation. The maximum number of dwelling units permitted
in an open space subdivision shall be determined by a submitted yield
plan. The resultant number shall not allow a higher density than that
provided by a conventional subdivision on the same parcel. An open
space subdivision may consist of the following:
(a)
A subdivision of land into reduced sized individual house lots.
(b)
Cluster subdivision. One parcel with individual detached single-family
dwellings located in a cluster arrangement.
(2) Density bonus.
(a)
If the proposed development is located in an R-40 or R-20 Zone
and is greater than 50 acres, or is located within the R-12 Zone and
is more than 20 acres, a nonresidential component shall be allowed,
meeting the following the criteria:
[1]
No more than 50% of the development site, including open space,
shall be devoted to parking, streets, buildings, and accessory structures.
[2]
Nonresidential uses allowed in the underlying district, as well
as those listed below, shall be permitted as long as they are constructed
to be compatible in scale and design with residential uses, be attractive
and low-key (in terms of building design, signage, lighting, and treatment
of parking), and have a strong pedestrian orientation with a building
footprint of not to exceed 10,000 square feet.
[a] Neighborhood scale personal service establishments,
such as convenience stores, craft store, drugstores, beauty shops,
tailors, laundromats, and banking establishments.
[c] Medical care uses, including medical care office
buildings.
[d] Adult day-care facilities.
[e] Sales office for the sale or rental of property.
[f] Restaurants without a drive-up window.
[g] Elderly assisted care may have a building footprint
of not to exceed 20,000 square feet.
[3]
Prohibited uses and designs. The following uses and designs
are not permitted in an open space subdivision unless they are already
allowed in the underlying zoning district under an existing permit
or as existing nonconforming uses: commercial telecommunication towers/wireless
communications facilities as a primary use, gravel pits, hospitals,
or wholesaling.
[4]
The commercial uses delineated above may be located in a flexible
spatial environment, assuring compatibility with residential uses
and with the overall development design, provided that nonresidential
uses do not exceed 33% of the net tract area of the open space subdivision.
These limitations herein are maximums and should not be construed
as by right permitted levels of development.
[5]
No building shall exceed four stories in height (except for
cupolas, dormers, building towers, and similar elements).
E. No structures or septic systems will be allowed to be built in the following areas: areas with a slope greater than 20%; areas within conservation districts; all flood hazard areas, unless floodproofing standards can be met through construction practices; and undevelopable wetlands as defined in Chapter
170, Zoning.
F. Dimensional requirements.
Zoning District
|
Minimum Lot Size for Subdivision Lots
(square feet)
|
Minimum Frontage for Subdivision Lots
(feet)
|
Minimum Buffer Along Frontage1
(feet)
|
---|
R-40
|
20,000
|
40
|
100
|
R-20
|
12,000
|
30
|
100
|
R-12
|
8,000
|
20
|
100
|
1
|
Does not apply to an existing house on the lot, if part of the
total lot yield. [Amended 5-24-2016]
|
|
Minimum Distance Around Individual Units in Clusters
|
Minimum Building Setbacks for Subdivision Lots
|
---|
Zoning District
|
Street Sides of Units
(feet)
|
Between Units
(feet)
|
Abutting a Street
(feet)
|
Abutting a Lot Line
(feet)
|
---|
R-40
|
20
|
30
|
20
|
20
|
R-20
|
15
|
25
|
15
|
15
|
R-12
|
10
|
20
|
10
|
10
|
(1) If a portion of a parcel of land is covered by a zoning district
in which an open space subdivision is not permitted, this portion
shall not be included in a proposed open space subdivision.
(2) If a parcel of land is covered by more than one of the R-40, R-20
or R-12 Zoning Districts, and more than 50% of the parcel lies in
the more restrictive district, the more restrictive regulations shall
apply to the entire parcel.
(3) Frontage requirements shall not apply to cluster subdivisions. Nevertheless, paved access suitable for emergency vehicles, and approved by the Planning Board, shall provide access from a City street or state highway to each of the units with the subdivision. All accessways shall be privately owned and comply with the private drive standards specified in Chapter
153, Site Review Regulations, of the Code of the City of Dover.
(4) Notwithstanding the dimensional requirements outlined above, structures
or dwelling units in a proposed open space subdivision must maintain
the following minimum buffer distances from existing structures, dwelling
units and external boundaries:
Zoning District
|
Minimum Distance from Existing Structures or Dwelling
Units
(feet)
|
Minimum Distance from External Boundaries
(feet)
|
---|
R-40
|
100
|
50
|
R-20
|
75
|
40
|
R-12
|
50
|
30
|
(a)
For the purposes of the external boundary buffers required above, the buffer areas shall be considered an undisturbed natural area for the purpose of shielding the development from abutting properties. The external boundary buffer shall be preserved or established to comply with the perimeter landscaping standards in §
157-35F.
[Amended 12-18-2012]
G. Project ownership. The subject land may be owned, leased or controlled
either by a single person, a corporation or by a group of individuals
or corporations. An approved open space subdivision shall be binding
on the project land and owner(s) and shall be so indicated on each
individual deed.
H. Additional considerations. In addition to the information required to be presented on the preliminary and final plat layout (see §§
157-27 and
157-28), the following additional information shall be required:
(1) Dimensions and locations of all proposed common open spaces.
(2) The external dimensions of open space subdivision boundaries (see §
157-22).
(3) Appropriate documents defining the deed restrictions and other provisions
under which all common open spaces will be established.
(4) A fiscal analysis demonstrating that the submitted yield plan is
realistic shall be required of the applicant. At a minimum the following
items shall be included:
(c)
Potential miscellaneous costs (to include the cost of moving
existing structures).
I. Community leach (septic) systems. An open space subdivision (OSS)
may include a community or common leach system for the disposal of
the effluent from household septic tanks. Such a system shall be installed
by the subdivider and shall be installed under the following conditions:
(1) Community leach systems (CLS) may only be used in those areas of
the appropriate zones served by the public water system of the City
of Dover.
(2) All CLS shall meet the design requirements of the State of New Hampshire
Department of Environmental Services and this chapter.
[Amended 1-14-2020]
(a)
Each structure shall have its own septic tank sized according to the requirements of the New Hampshire Department of Environmental Services. Access to the septic tank cover should be provided by risers as necessary and location shown on the as-built plan submitted to the Dover City Engineer as described in Subsection
I(3) below.
(b)
Leach fields shall be located on land held in common by the
property owners to be used exclusively for wastewater disposal. Each
area designated for wastewater disposal shall be large enough to accommodate
the required leach field and associated fill as well as an alternate
reserve leach field, should replacement of the original field become
necessary. The leach field and reserve field must have suitable soil
according to the New Hampshire Department of Environmental Services
rules for sewage disposal system design.
(c)
All piping connecting septic tanks to leach systems and other mechanical equipment such as pumps, valves, etc., shall meet the standards of the State of New Hampshire and the City of Dover as detailed in §
157-41. All such equipment used by more than one dwelling shall be placed in an easement which shall be deeded to the maintaining authority, and such authority shall have the right to access at any time for the purposes of maintaining the system. All construction under this article shall be explicitly subject to the provisions of Article
V of this chapter.
(d)
The developer and homeowners' association are required to provide
each new resident in the development a copy of the New Hampshire Department
of Environmental Services pamphlet "You and Your Septic System."
(3) Facility ownership. At the conclusion of the construction of all
piping, equipment and leach fields, a complete set of as-built drawings
of the systems will be filed with the City Engineer. The owners of
the CLS shall also comply with the following requirement:
(a)
Whether or not the developer has opted to establish a cooperative legal entity to own and manage the common space, such an entity shall be set up to own and manage the common leach system. The bylaws of such an entity shall be established in accordance with state law governing such organizations (RSA 479-A:1 to 479-A:23, inclusive, as amended) and shall include the provisions of Article
IV, §
157-22E, Requirements of a homeowners' association, by substituting the words "common leach system" for "common open space" in those regulations.
(4) Facility maintenance requirements. The following requirements shall
be made part of any homeowners' association agreement:
(a)
The owner of the common leach system shall maintain a service
contract with a licensed septic system service and installation contractor
to perform the required maintenance. Such a contract shall detail
the periodic maintenance to be performed on the distribution/collection
system, including leach fields, distribution boxes, pumps, and collection
pipes, etc. The service contract shall provide for an annual report
to the City Engineer by the licensed septic system installer detailing
the condition of the system and any repairs made that year or anticipated
at the time of the report. A copy of the service contract shall be
delivered to the City Engineer for review at least 30 days before
it goes into force.
(b)
The owner of the common leach system shall collect from the
users of the system an annual fee equal to the cost of repairs and
an amount sufficient to establish a reasonable cost of replacement
reserve. The fee should be assessed annually based upon the previous
year's experience and the forthcoming service contract amount.
(c)
The maintaining authority shall keep a record of each individual
septic tank, showing its location and the frequency of its pumping.
As a guide to maintenance, each tank should be pumped at least once
in every five-year period and not more frequently than every two years.
(d)
No structure shall be built on a leach field lot.
[Amended 7-5-1988; 4-25-2000]
A. General common open space shall be set aside for the use and benefit
of the residents in an open space subdivision or dedicated to a public
or nonprofit organization. Generally, the open space shall be usable
for recreation and integrated into the layout and design of the subdivision.
The location and configuration of the open space shall be at the discretion
of the Planning Board.
B. External boundaries. A buffer zone of 100 feet shall be provided along the perimeter of the subject tract that fronts existing public roadways, and a buffer zone equal to the external boundaries required by §
157-21F(4) shall be provided along the perimeter of the subject tract that abuts all adjacent parcels. If said perimeter is predominantly open land, it shall be suitably landscaped at the discretion of the Planning Board. Should the Planning Board find that the unique topography and other site conditions warrant a certain degree of flexibility in the extent of the required buffer zone, a waiver of the affected portion of said buffer will be taken under consideration.
[Amended 12-18-2012]
C. Open space requirements.
(1) The common open space for an open space subdivision that contains
subdivision lots shall be depicted on the subdivision plat as bounded
by property lines and as being exclusive of house lots; streets, driveways
and parking lots; stormwater collection ponds; land area dedicated
to septic systems; and easements and rights-of-way for stormwater
drainage ways, streets or utilities. The common open space for an
open space subdivision that contains dwelling units in cluster arrangements
on a single parcel shall be depicted on the subdivision plat as land
area exclusive of dwelling units and accessory structures; streets,
driveways and parking lots; areas required for minimum buffers around
dwelling units; land area required for septic systems; area covered
by easements or rights-of-way for stormwater drainage systems, streets
or utilities; and stormwater collection ponds. The legal and spatial
disposition of such open space is at the sole discretion of the Planning
Board.
(2) The area of the open space shall equal or exceed the total allowed
reduction in the lot sizes within the open space subdivision and shall
be permanently dedicated as open space or for municipal use, as agreed
upon. A minimum of 50% of the total open space land must be usable
uplands and reasonably accessible to all property owners in the project.
(3) The open space shall be deeded to the City of Dover for municipal
use or deeded to a nonprofit organization, or a deed restriction or
easement shall be placed upon all common open space so that all said
open space remains open space in perpetuity and shall never be developed
or further subdivided. Acceptance of ownership of deeded open space
is at the discretion of the City or nonprofit organization.
(4) Said deed restrictions and documents shall be placed on file with
the City Clerk upon receipt of Planning Board subdivision approval
and duly recorded at the Strafford County Registry of Deeds, where
appropriate.
(5) The required common open space shall be owned and maintained by the
developer until it is owned in one or more of the following ways:
(a)
By the City of Dover, subject to acceptance by the City.
(b)
By a private, nonprofit organization (such as the Nature Conservancy
or Audubon Society) which has as its purpose the preservation of open
space through ownership and control; provided, however, that the residents
within the open space subdivision have access to the common open space
for appropriate recreational uses.
(c)
By a private, nonprofit corporation, association or other nonprofit
legal entity, such as homeowners' association, established by the
applicant for the benefit and enjoyment of the residents of the subdivision
and over which said residents have control.
(6) No privately owned recreation structures shall be built in the open
common space without the approval of the Planning Board.
(7) Current use limitation. The common land areas, open space areas and
natural areas in an approved development are considered to be a part
of the residential use of such development and shall not be considered
to be open space land, farmland, wetlands, recreation land, floodplain
or wild land within the meaning of RSA 79-A except where such consists
of actively operated farmland.
D. In the event that an open space subdivision is to be owned by a cooperative
legal entity, all common open space shall be governed in accordance
with the requirements of the RSA 479-A:1 to 479-A:23, inclusive, as
amended.
[Amended 2-26-2019]
E. Requirements of a homeowners' association.
(1) The financial and administrative obligations for future maintenance
of common open space and other common facilities shall be clearly
stated, adequate and enforceable by the City, at the association's
expense, in the event of negligence.
(2) In the event that the homeowners' association established to own
and maintain common open space or any successor organization shall
fail to maintain the common open space/facilities in a reasonable
order and condition, the Planning Board may serve written notice upon
such organization and shall demand that any deficiencies of maintenance
be cured in 30 days of receipt of said notice. In addition, a trustee
shall be designated by the homeowners' association to ensure that
proper care of said common open space is continued. The trustee's
responsibilities shall include, but not be limited to, passive and
active recreational areas, retention ponds, drainage easements and
common septic disposal systems.
(3) In the event that the maintenance deficiencies have not been resolved
within said prescribed time limits, the cost of maintenance by another
party, other than the City of Dover, shall become a tax lien on the
properties within the subdivision. Entry and maintenance of said common
open space shall not exceed a period of one year.
(4) Before the expiration of said year, the Planning Board shall, upon
its initiative or upon the request of the organization heretofore
responsible for the maintenance of the common open space, call a public
hearing upon 15 days' notice to such organization or to the residents
and owners of the development, at which hearing such organization
or the residents or owners of the development shall show cause why
such maintenance by the third party shall not, at the election of
the City, continue for a succeeding year.
(a)
If the Planning Board determines that said organization is able
to maintain said common open space in a reasonable condition, the
City shall cease to have such space maintained at the end of the prescribed
time limit.
(b)
If the Planning Board determines that such organization is not
able to maintain said common open space in a reasonable condition,
the City may continue to have such land maintained by a third party
for a succeeding year, subject to a similar hearing and determination
in each year thereafter. The decision of the Planning Board in each
such case shall constitute the final administrative decision subject
to judicial review.
(5) The cost of such maintenance shall be assessed proportionately against
the properties within the development that have a right of enjoyment
of the common open space and shall become a tax lien on said properties.
The City, at the time the third party enters upon said common open
space for the purpose of maintenance, shall file a notice of such
lien in the office of the City Assessor and the Registrar of Deeds
for Strafford County upon the properties affected by such lien within
the development, and the same shall be discharged by the City upon
payment as with other liens.