[Amended 3-23-2010]
A.
The Planning Board may waive specific provisions of this chapter.
The Planning Board may only grant a waiver if the Planning Board finds,
by majority vote, that:
(1)
Strict conformity would pose an unnecessary hardship to the applicant
and the waiver would not be contrary to the spirit and intent of the
regulations; or
(2)
Specific circumstances relative to the subdivision, or conditions
of the land in such subdivision, indicate that the waiver will properly
carry out the spirit and intent of the regulations.
B.
In granting waivers, the Planning Board may require such conditions
as will, in the Board's judgment, secure substantially the objectives
of the standards or requirements of this chapter.
C.
Procedures. A petition for any such waiver shall be submitted, in
writing, by the applicant at the time when the application is filed
for consideration by the Planning Board. The petition shall state
fully the grounds for the waiver and all of the facts relied upon
by the petitioner. The basis for any waiver granted by the Planning
Board shall be recorded in the minutes of the Planning Board.
The enforcement of this chapter shall be in the manner enacted
by the Dover City Council as authorized by RSA 676:17.
[Amended 11-15-1991; 1-14-2003; 8-26-2008; 3-23-2010; 1-24-2012; 5-8-2018]
A.
Application fees. Any application for approval of a subdivision shall
be accompanied by a nonrefundable fee per new lot as set forth in
the City of Dover adopted Fee Schedule, as amended annually, to cover
the cost of reviewing the application. An application for a minor
lot line adjustment or boundary change shall be accompanied by a nonrefundable
fee as set forth in the City of Dover Fee Schedule, as amended annually.
In addition, the applicant shall be responsible for paying the cost
of mailing certified notices to abutters as well as paying the cost
of advertising or posting the application.
B.
Additional fees. Any applicant may be required to pay additional reasonable fees, as well as the fees for notice under Subsection A, as imposed by the Board to cover costs of special investigative studies, review of documents and other matters which may be required by a particular application [RSA 676:4, I(g)]. A fee as set forth in the City of Dover adopted Fee Schedule, as amended annually, shall be charged the applicant for staff time spent reviewing requests for time extensions to approved subdivisions, per § 157-23.
C.
Inspection fees. All fees and costs connected with inspections and
engineering review of plans and specifications for improvements shall
be paid for by the applicant, at a rate determined by the City Engineer
and the Community Services Director. Where the applicant/owner fails
to comply with the payment of fees, inspections will not be conducted,
nor will a certificate of occupancy be awarded until full payment
has been made.
D.
Driveway violation/penalties/cost of restoration. Any action taken which violates provisions of § 157-50 shall be fined as per the City Fine Schedule. The landowner shall be liable for the cost of restoration of the affected public street to a condition which conforms to the provisions of this chapter to the satisfaction of the Community Services Director. If a landowner fails to ensure that the above said conformance is accomplished within 30 days of receiving written notification from the Community Services Director, the restoration shall be accomplished by the City and charged to the landowner.
[Amended 1-14-2020]
[Amended 3-23-2010; 1-14-2020]
In accordance with RSA 675:6, this chapter shall become effective
after a public hearing is held as specified in RSA 675:7, adoption
and certification by a majority of the Planning Board members, and
filing of certified copies with the City Clerk as required by RSA
675:8. Copies shall also be filed with the New Hampshire Office of
Strategic Initiatives as required by RSA 675:9.
In matters of judgment or interpretation of the requirements
of this chapter, the opinion and decision of the Board shall prevail.
In any place where this chapter is in conflict with any other regulations,
ordinances or law in effect in the City, the more restrictive regulations
or provisions shall prevail.
If any section, subsection, paragraph, sentence, clause, or
phrase of this chapter shall be held to be invalid or unconstitutional
by any court of competent authority, such holding shall not affect,
impair, or invalidate any other section, subsection, paragraph, sentence,
clause, or phrase of this chapter.
[Amended 1-14-2020]
In accordance with RSA 675:6, this chapter may be amended or
rescinded by the Board following a public hearing as specified in
RSA 675:7 on the proposed change. The Chair of the Board shall transmit
a copy certified by a majority of the Planning Board members of any
changes so adopted to the City Clerk. Copies shall also be filed with
the New Hampshire Office of Strategic Initiatives.
[Amended 5-8-2018]
A.
Any person aggrieved by a decision of the Community Services Director
regarding driveways may request a hearing before the Planning Board
on the merits of his or her case. After a properly noticed public
hearing, the Planning Board shall hear the facts in the case and vote
to confirm, reject or modify the decision of the Community Services
Director. The decision of the Planning Board shall be final.
B.
As provided for in RSA 677:15, any persons aggrieved by any decision
of the Planning Board concerning a plat or subdivision may present
to the Superior Court a petition, duly verified, setting forth that
such decision is illegal or unreasonable in whole or in part, specifying
the grounds upon which the same is claimed to be illegal or unreasonable.
Such petition shall be presented to the Court within 30 days after
the filing of the decision in the office of the Planning Board.
