[Amended 11-15-1991; 6-13-1995; 8-26-2008; 3-23-2010; 1-24-2012]
A. All site improvements in the approved subdivision or part thereof
shall be constructed and/or installed within five years of the date
of final plat approval in accordance with the requirements specified
herein, unless such time is extended by written mutual consent of
the applicant and the Planning Board. Such improvements shall not
be considered complete until officially approved by the City Engineer
and Community Services Director or accepted by the City Council, as
appropriate. Responsibility for uninspected and unimproved utilities
will be that of the developer.
[Amended 12-18-2012]
B. The Planning Board may grant time extensions, not to exceed one year
each. The applicant shall appear before the Planning Board and document
that the following criteria are met:
(1) The proposed project is consistent with the City Master Plan.
(2) Surrounding conditions (i.e., traffic flow, school capacity, water/sewer
demand) have not changed to the point of requiring reanalyzing of
the proposed project.
(3) The proposed project complies with current City, state and federal
regulations, ordinances and statutes.
(4) Notification of abutters shall be required of all first time extension
requests. Said notification shall be by certified mail and shall be
at the expense of the applicant.
C. Building certificates of occupancy shall be issued by the Building
Official for all residential and/or nonresidential units only upon
the receipt of a written memorandum co-signed by the Director of Planning
and Community Development, the Community Services Director or the
City Engineer and the Fire and Rescue Chief or designee as to the
adequacy of all required improvements servicing the subject parcel
or parcels.
(1) A certificate of occupancy shall be issued, provided that all required
roads, utilities and other improvements servicing the subject parcel
have been constructed and/or installed in accordance with City specifications.
(2) A certificate of occupancy may be issued if only minor improvements are needed to complete the project and if the completion of these improvements has been delayed due to factors, such as the weather, beyond the control of the developer. The developer must demonstrate to the Director of Planning and Community Development, the Community Services Director or the City Engineer and the Fire and Rescue Chief or designee the reason these improvements were not completed. In addition, the developer must demonstrate that the lack of these improvements, as well as the eventual construction of the improvements, will not impede the protection of public health and safety and that an irrevocable letter of credit will be posted to cover the cost of these improvements, as outlined in §
157-24. The developer must also indicate the time that will be required to make the necessary improvements.
D. Construction activities and storage of building materials shall only
be carried on in such a manner and at such times that shall render
said activities not unduly objectionable to adjacent properties. Hours
of construction shall be determined during the preconstruction meeting
and documented on a site construction sign along with the contact
information for the general contractor. Said signage shall be located
and approved by the City Engineer or Director of Planning and Community
Development prior to construction land disturbance.
E. Approved subdivisions shall be protected from future amendments in
regulations and ordinances in accordance with RSA 674:39. In order
to be protected under RSA 674:39, the owner shall have completed active
and substantial development, which is defined as the construction
of basic infrastructure to support the development, including road
construction to a minimum of gravel base, utilities placed in underground
conduits, construction of all drainage improvements, installation
of all erosion and sediment control measures, and the construction
of at least one complete building foundation. Substantial completion
shall be deemed to have occurred when certificates of occupancy for
at least 75% of the houses within the subdivision have been issued
by the Building Official, the top coat of the roadway and sidewalk
have been completed and off-site improvements specified in the subdivision
approval have been completed or a surety has been provided to the
City to ensure completion of all unfinished off-site improvements.
[Amended 5-24-2016]
F. All subdivision improvements which require blasting of land shall meet the requirements of §
153-10F, prior to any blasting occurring.
[Amended 8-26-2008; 1-24-2012; 5-8-2018]
An irrevocable letter of credit to guaranty that all site work
was properly done shall be posted by the applicant with the Community
Services Department, which shall place the letter of credit with the
City Treasurer. Such maintenance guaranty shall be in an amount of
2% of the estimated project cost prepared by the City Engineer, plus
the full cost of replacement for all street trees and other landscaping
required for three years after a certificate of completion is issued.
If such repairs are needed and are not satisfactorily installed by
the developer, then such guaranty shall be used to complete and/or
install such improvements in accordance with the requirements specified
herein.
[Amended 3-23-2010]
All site improvements shall be subject to inspection by and
approval of the Community Services Director, City Engineer and the
Director of Planning and Community Development, as appropriate, who
shall be notified by the developer at least 72 hours prior to the
start of construction. Inspections will be conducted by said officials
or their designee following a request by the developer. No underground
installation shall be covered until inspected by the appropriate City
department. Any improvements covered without inspection shall be considered
not accepted. All fees and costs connected with inspection for the
review of plans, construction and specifications shall be paid for
by the developer, at a rate set forth in the City of Dover adopted
Fee Schedule, as amended annually.