Words used in the present tense shall include the future; the
singular number shall include the plural, and the plural the singular;
the word "building" shall include the word "structure"; the word "shall"
is mandatory; the word "may" is permissive.
[Amended 9-8-1987; 8-11-1992; 4-22-2003; 2-10-2004; 8-26-2008; 3-23-2010; 1-24-2012; 12-8-2012; 5-24-2016; 5-8-2018]
The following definitions shall apply to this chapter:
The owner of record of a parcel of land located in New Hampshire
and that adjoins or is within 200 feet (including land across the
street or stream) of the proposed site under consideration by the
Board.
For the purposes of receiving testimony only, and not for purposes
of notification, the term "abutter" shall include any person or entity
who is able to demonstrate that his land will be directly affected
by the proposal under consideration.
In the case of an abutting property being under a condominium
or other collective form of ownership, the term "abutter" means the
officers of the collective or association, as defined in RSA 356-B:3,
XXIII. Additionally, for major and/or open space subdivisions, the
individual owners of units within the association which are located
within 200 feet of the common property line shall be notified only
by first-class mail.
For purposes of notification and receiving testimony, "abutter"
means all affected towns and the regional planning commission in the
case of a development having regional impact, as determined by the
Board.
For purposes of notification, abutter ownership information
for lots located in Dover shall be obtained through the City's Tax
Assessment Office.
See RSA 21:34-a, II. Agriculture shall not include marketing
or selling at wholesale or retail, except where permitted as part
of a roadside farm stand or where the retail sale of agricultural
or farm products raised on site is a permitted use. One single-family
dwelling shall be permitted as an accessory to the principal use.
A line which encounters no visual obstruction between two
points, each at a height of three feet nine inches above the pavement
and so located as to represent the critical line of sight between
the operator of a vehicle using the access and the operator of a vehicle
approaching from either direction.
Any person, agent, firm, association, partnership or corporation
that makes application to the Planning Board for the subdivision of
land pursuant to the rules and regulations of this chapter.
An application for subdivision approval which contains sufficient information to invoke jurisdiction of the Planning Board. A complete application shall include all the items listed in § 157-10 for a major subdivision and § 157-16 for a minor subdivision. The period for review does not start until a complete application has been submitted by the subdivider and accepted by the Board. The owner of the land must sign the application before it is filed with the Planning Board.
See "application, complete."
Drawings which delineate the specific location of site utilities.
For stormwater management purposes, structural, nonstructural,
and managerial techniques that are recognized to be the most effective
and practical means to prevent or reduce nonpoint source pollutants
from entering receiving waters.
A tract of land bounded by streets or by a combination of
streets and public land, railroad rights-of-way, waterways or other
barriers to the continuity of a development.
Land area used to visibly separate one use from another or
to shield or block noise, light or other nuisances. Buffer zones may
include such things as fences or berms as well as shrubs and trees.
The smallest lot area established by Chapter 170, Zoning, on which a use or structure may be located in a particular district.
Any structure built for the support, shelter or enclosure
of persons, animals, chattels or property of any kind and which is
constructed and permanently affixed on the land. Such building includes
open porches, open breezeways and any other roofed areas. This in
no way is to be construed to include a trailer, manufactured house
or any other like product.
The individual designated by the City of Dover to enforce
building codes and development regulations.
Written permission issued by the proper City official authorizing
the construction, repair, alteration or addition to a structure.
A document issued by the proper City officials indicating
that the improvements required by the Planning Board have been satisfactorily
completed.
A system for the collection and processing, via leach fields,
of the effluent from more than two septic tanks, including all of
the pipes, valves and other equipment, land and easements necessary
for operating such a system. All of the leaching equipment will be
in a single common ownership, though the septic tanks may not.
A condition of approval that shall be satisfied before the
submission of a final subdivision plat.
A condition of approval that shall be satisfied after approval
of a final subdivision plat.
The maps or drawings accompanying a subdivision plat and
showing the specific location and design of improvements to be installed
in the subdivision in accordance with the requirement of the Planning
Board as a condition of the approval of the subdivision plat.
A short, minor local street, having only one end open for
vehicular traffic and the other permanently terminated by a turnaround
for vehicles.
See "restricted covenant."
The owner of land proposed to be subdivided or his representative.
Consent shall be required from the legal owners of the property.
Water or effluent released to a receiving water body.
A private, paved or unpaved road which is intended to provide vehicular access from a public or private way to a single primary building which is located on a single lot. This includes accessory uses off the main driveway used for parking/storage of motor vehicles. A driveway may service up to four lots only if it complies with the terms and conditions of § 157-50.
A structure or portion thereof which is used exclusively
for human habitation.
A dwelling containing more than four dwelling units.
A detached building containing one dwelling unit only.
One or more rooms, designed, occupied or intended for occupancy
as separate living quarters, with cooking, sleeping and sanitary facilities
provided within the dwelling unit for exclusive use of a single family
maintaining a household.
The right or privilege that a person may have in another
person's property, usually for the purposes of installing and maintaining
utilities and drainageways.
Weathering of soil by running water, wind, or ice.
A conditional delivery of money by a developer to a bank,
to be held until such time as the conditions of final plat approval
have been satisfactorily complied with.
That portion of land, as designated on the most current Flood
Insurance Rate Maps or on the Flood Boundary and Floodway Maps of
the City of Dover, that, on the average, is likely to be flooded once
every 100 years, i.e., that has a 1% chance of flood occurrence in
any given year.
The linear distance measured along the front lot line between
the points of intersection with the side lot lines. Frontage along
culs-de-sac shall be the linear distance at the appropriate front
yard building setback depth from the front lot line between the points
of intersection with the side lot lines. For the purpose of measurement,
lot frontage shall be measured along the joining boundary of the front
lot line and a public right-of-way.
A community association, other than a condominium association,
which is organized in a residential development in which individual
owners share common interests in open space or facilities.
Site grading, street work and utilities, including water,
sewer, electric, gas and stormwater, to be installed or agreed to
be installed by the subdivider on land to be used for public or private
streets and easements or other purposes as are necessary for the general
use of lot owners in the subdivision.
A lot containing only leach fields and the equipment necessary
to operate such. Found only in open space subdivisions.
A conditional delivery of money by a developer to a nominee
mutually agreeable to the Planning Board and the developer. The holder
of the money will retain the money until release is authorized by
the City or the money is "called," that is, transferred to the City
of Dover. The money will be called by the City if the developer does
not obtain a certificate of completion from the City prior to the
expiration date of the security. Upon the expiration date, the money
will be transferred to the City if a certificate of completion has
not been received by the developer from the City.
A parcel of land which fronts on and has ingress and egress
by means of a public vehicular right-of-way and is occupied by, or
is intended to be occupied by, one principal building and its accessory
buildings or uses customarily incident to it, together with such open
spaces and yards as are required by this chapter. More than one principal
building may be placed on a lot located in the Central Business District.
More than one principal building may also be placed on a lot in all
other districts with Planning Board approval for nonresidential developments,
multifamily dwelling developments, and open space subdivisions.
A lot abutting upon two or more streets at their intersection.
A line of record bounding a lot which divides one lot from
another lot or from a public or private street or any other public
space.
A change in the lot line that does not create a buildable
lot.
An irrevocable letter of credit accepted by the City to assure
that necessary improvements will function as required for a specific
period of time.
Any plot of ground upon which two or more manufactured houses,
occupied for dwelling or sleeping purposes, are located.
Any subdivision involving a division of land into two or
more lots, designed to accommodate one or more individual manufactured
houses.
Any structure, transportable in one or more sections, which,
in the traveling mode, is eight body feet or more in width and 40
body feet or more in length or, when erected on site, is 320 square
feet or more, and which is built on a permanent chassis and designed
to be used as a dwelling with or without a permanent foundation when
connected to required utilities, which include plumbing, heating and
electrical heating systems contained therein. Manufactured housing
shall not include presite built housing as defined in RSA 674:31-a.
The plan or any portion thereof adopted by the City for the
coordinated physical development, including, among other things, plans
and programs regarding the location, character and extent of highways,
transportation routes, bridges, public buildings or uses, utilities,
schools, residential, commercial or industrial land uses, parks, forests,
dams, drainage facilities and projects affecting the conservation
of natural resources of the City.
A map adopted in conformance with RSA 674:9 to 674:14, inclusive.
Such Official Map is to be deemed to be final and conclusive with
respect to the locations and widths of streets and the locations of
parks shown thereon.
An application shall be considered officially submitted only
at the regular meeting of the Planning Board following the completion
of the appropriate application procedure and the receipt of a written
memorandum from the Director of Planning and Community Development
certifying said application's technical review.
Land within or related to a development, not individually
owned or dedicated for public use, which is designed and intended
for the common use or enjoyment of the residents of the development
and may include such complementary structures and improvements as
are necessary, appropriate and approved by the Planning Board.
An alternative form of residential development where, instead
of subdividing an entire tract into lots of conventional size, a similar
number of single-family housing units may be arranged on lots of reduced
dimensions.
Any legislative action, however denominated, of the City
of Dover which has the force of law, including any amendment or repeal
of any ordinance.
Any person, group of persons, firm or firms, corporation
or corporations or any other legal entity having legal title to or
sufficient proprietary interest in the land sought to be subdivided
under this chapter.
A lot or tract of land.
An irrevocable letter of credit or an escrow agreement accepted
by the City as a guarantee that improvements required as part of a
subdivision approval are satisfactorily completed.
The Planning Board of the City of Dover. Also referred to
as the "Board."
Drawings which delineate the proposed locations, profiles
and specifications of all existing and proposed site utilities.
The final map of all or a portion of a subdivision which
is presented to the Planning Board for final approval. May sometimes
be referred to as "final plat layout."
A preliminary map indicating the proposed layout of the subdivision
which is submitted to the Planning Board for consideration and preliminary
approval. May sometimes be referred to as "preliminary plat layout."
A road constructed and maintained by a private owner or owners,
to be used for either public or private use, which provides access
to a public street. Private roads may service three or four adjacent
parcels of land and shall be constructed in accordance with the specifications
of this chapter.
A meeting announced and advertised in advance and open to
the public, with the public given an opportunity to talk and participate.
Any scheduled meeting of the Planning Board.
An engineer properly licensed and registered in the State
of New Hampshire.
A land surveyor properly licensed and registered in the State
of New Hampshire.
A restriction on the use of land usually set forth in the
deed.
The further division of lots or the relocation of lot lines
of any lot or lots within a subdivision previously made and approved
or recorded according to law, or the alteration of any streets or
the establishment of any new streets within any such subdivision,
but not including conveyances made so as to combine existing lots
by deed or other instrument.
A public or private area that allows for the passage of people,
goods, and/or utilities. A public right-of-way is a right-of-way that
is dedicated or deeded to the public for public use and under the
control of a public agency. "Right-of-way lines" means the lines that
form the boundaries of the right-of-way.
Precipitation, snowmelt, or irrigation that flows over the
land, eventually making its way to a surface water (such as a stream,
river or pond).
Eroded soil and rock material and plant debris, transported
and deposited by runoff.
The distance between the street right-of-way lines and the
front line of a building.
The area of a lot measured from the lot line to a building
facade or elevation that is maintained clear of permanent structures,
with the exception of allowed encroachments for stairs or porches.
Any plot or parcel of land or combination of contiguous lots
or parcels of land.
The procedure by which the City reviews the development plan
for one or more lots on which is shown the existing and proposed conditions
of the lot, including topography, vegetation, drainage, floodplains,
marshes and waterways, open spaces, walkways, means of ingress and
egress, utility services, landscaping, structures and signs, lighting
and screening devices and any other information that reasonably may
be required in order that an informed decision can be made by the
Planning Board.
A preparatory sketch to the preliminary subdivision plat layout to enable the subdivider to save time and expense in reaching general agreement with the Planning Board as to the form of the plat and the objectives of this chapter (see § 157-9).
The degree of natural inclination of the existing ground.
Runoff from a storm event, snowmelt runoff, and surface runoff
and drainage.
A plan developed for a site or property that evaluates potential
pollutant sources and designs and implements appropriate measures
to prevent or control discharge of pollutants in stormwater runoff.
A public or private way which is intended to provide vehicular
access to two or more lots and/or to two or more primary buildings
and which may or may not be continuous. Also included are terms such
as avenue, boulevard, road, private road, lane, alley, highway, viaduct,
freeway, court, way, and drive.
A street designed or utilized primarily for high vehicular
speeds or for heavy volumes of traffic on a continuous route, with
intersections at grade, and which may have direct access to abutting
properties and on which geometric design and traffic control measures
are used to expedite the safe movement of through traffic.
A street which carries or is proposed to carry intermediate
volumes of traffic from local streets to arterial streets and which
may or may not be continuous.
A street used primarily for access to abutting properties
providing for minimum speeds and traffic volumes. Also referred to
as "minor" or "secondary" streets.
Any person, firm, partnership, association, corporation,
estate or other group or combination acting as a unit dividing or
proposing to divide land in a manner that constitutes a subdivision
as herein defined.
The division of the lot, tract, or parcel of land into two
or more lots, plats, sites, or other divisions of land for the purpose,
whether immediate or future, of sale, rent, lease or building development.
It includes resubdivision and, when appropriate to the context, relates
to the process of subdividing or to the land or territory subdivided.
A condominium conveyance, per RSA 356-B, shall not require Planning
Board approval.
MINORA division or redivision of a lot, tract or parcel of land into three or fewer parcels within a four-year time period, provided that there shall be no extension of streets or other significant improvements required; or any subdivision that, in the judgement of the Planning Board, will present no significant engineering and/or planning difficulties. (See Article III.)
Shall be comprised of the Planning Board Chair, City Engineer,
Fire and Rescue Chief, Police Chief, Zoning Administrator, Economic
Development Director and Director of Planning and Community Development,
who shall serve as Chair. All Committee members shall have a designated
alternate available in their absence.
[Amended 7-27-2021]
An area containing most of the following characteristics:
density of development that is more characteristic of City development
than rural; streets with curbs and sidewalks; water and sewer utilities;
and an opportunity to walk to nearby stores, schools and service centers.
A plan which demonstrates the maximum number of buildable
lots achievable under conventional zoning, at the full density allowed
in the district. The plan should be based upon maps showing the conservation
areas consisting of wetlands, floodplains, and steep slopes. In addition
to this information, lots should be laid out in the conventional format,
taking into consideration a roadway network and the minimum lot size
requirements, frontage and the contiguous upland areas. If the plan
requires a waiver from these subdivision regulations, a preliminary
public hearing shall be conducted by the Planning Board prior to an
applicant's formal submittal application for major subdivision approval.
A specifically delineated district within the City where
regulations and requirements uniformly govern the use, placement,
spacing and size of land and buildings.
