A.
All sidewalks shall be of the width and slope, and laid upon the
grade, established by the Director, shall be true to the required
cross sections, even, free from hollows, tears, gouges, corrugations,
or other irregularities, and constructed under the supervision of
the City Engineer.
B.
The Director is authorized to establish and publish rules, regulations,
and procedures, including general construction requirements, related
to the standards for construction of sidewalks. These rules, regulations,
and procedures shall be subject to review and approval by the City
Manager, and a copy shall be filed with the City Clerk.
A.
No person shall grade, fill, disturb, excavate, or open the ground
or pavement in any public road, sidewalk, or on City property, without
first obtaining a written permit of authorization. Such permit shall
be issued by the Community Services Department on an application form
provided by the Department.
B.
All applications for a permit pursuant to Subsection A shall include, for each permit applied for, the application fee(s) and street/sidewalk pavement damage fee(s) listed in the City's annual Schedule of Fees adopted by the City Council. The Director, at his/her discretion, may waive the damage fee(s) if the City has scheduled the public road or sidewalk to be reconstructed within one year of the permit application date, or if the roadway pavement condition index (PCI) is below 25. The Dover Utilities Commission shall establish a process for waiver of the street/sidewalk pavement damage fee(s) in the case of a demonstrated financial hardship.
C.
Protection of public roads and sidewalks.
(1)
In an effort to protect the City's investment in its infrastructure,
excavations in newly constructed, reconstructed, rehabilitated, or
overlaid pavements within public roads, sidewalks, or on City property
are prohibited for five years after the effective date of notice of
completion or acceptance of the new, reconstructed, rehabilitated,
or overlaid improvements except as follows:
(a)
Excavations to remedy a public emergency or a situation that
creates an imminent threat to the public safety, health, or welfare.
(b)
Repair or modification to prevent interruption of essential
utility services where no reasonable alternatives are available to
avoid excavation in new pavements.
(c)
Relocation work that is mandated by state or federal legislation.
(d)
Utility services for new buildings or parcels without existing
utility services where no other reasonable means of providing service
exists, as determined by the City Engineer.
(e)
Excavations within protected public roads where the City has
scheduled the reconstruction within one year due to the failure of
the original pavement.
(f)
Other situations deemed by the City Manager to be in the best
interest of the general public.
(2)
In all of the above exceptions, although a permit will not be denied,
the applicant will be responsible for paying a pavement life reduction
factor. The pavement life reduction factor may be waived by the Director,
at his/her discretion, if the applicant agrees to perform a full roadway
width repavement (edge of pavement to edge of pavement) of the impacted
area, consistent with the rules, regulations, and procedures established
by the Director. The pavement life reduction factor will be assessed
to the street damage fee(s) as follows:
D.
Within six months of the completion of the excavation, the permittee
shall provide the Director with electronic copies of the as-built
plans for the work performed, in a form compatible with the City's
GIS system. The Director may waive this requirement, in writing, at
his/her discretion.
E.
Whenever a person is granted a permit to excavate in any public street,
sidewalk, or City property, prior to any work commencing, the Director
shall require the requesting party to furnish a two-year surety to
the City, or a bond in favor of the City, in an amount sufficient
to complete the project and ensure its viability for the surety period.
F.
The Director is authorized to establish and publish rules, regulations,
and procedures, including general construction and paving requirements
and general permit instructions related to excavation permits, including
but not limited to a review by Dig Safe of the proposed work, and
to prescribe the forms necessary for the management and operation
of the excavation permit program under this section. These rules,
regulations, and procedures shall be subject to review and approval
by the City Manager, and a copy shall be filed with the City Clerk.
[Amended 8-26-2020 by Ord. No. 2020.08.12-011; 4-27-2022 by Ord. No. 2022.04.13-005]
A.
No person
shall obstruct a public road or sidewalk, except with a permit for
temporary obstructions from the Community Services Department, which
permit may be issued by the Director for good cause allowing a temporary
obstruction.
B.
No person
shall place, install, or locate any structure, fixture, object, or
other encroachment within the limits of a public road or sidewalk,
except as follows:
(3)
For
all other types of structures, fixtures, objects or other encroachments,
pursuant to a revocable license from the Community Services Department,
which the Director may issue for good cause for non-intrusive structures,
fixtures, objects, or other encroachments on such terms as the Director
may determine and require.
C.
All applications for a permit to obstruct a public road or sidewalk shall include, for each application, the fee listed in the annual Schedule of Fees adopted by the City Council. All requests for the issuance of a revocable license, other than those issued by the City Manager in accordance with § 125-22, shall include the same aforesaid fee.
Wherever any public road, sidewalk, or City property shall, under any permit granted as provided in § 125-8 or 125-9, be disturbed, dug up, obstructed, or encumbered, and thereby rendered unsafe or inconvenient for travelers, the person performing such work shall put, and at all times maintain, a suitable railing, fence, or traffic/pedestrian controls around the section or parts of the public road, sidewalk, or other City property so disturbed, dug up, obstructed, or encumbered, so long as the same shall be or remain unsafe or inconvenient. Said person shall also, within such reasonable time as the Director shall direct, repair such public road, sidewalk, or City property to the acceptance of the City Engineer.
[Amended 12-12-2018 by Ord. No. 2018.11.28-012]
All applications for a permit to repair, widen, reconstruct, or construct a driveway from a residential or commercial property onto a public road shall comply with the relevant provisions of Chapter 157, Land Subdivision Regulations, of the Code of the City of Dover.
No person shall construct, erect, or maintain any stepping stone,
doorstep, portico, porch, entrance, or passageway to any cellar or
basement or any other structure in or upon any public road or sidewalk
without a written license approved by the City Council. No person
shall suffer the platform or grate of the entrance passageway to his/her
cellar or basement in any public road or sidewalk to rise above the
even surface of such public road or sidewalk, and every such entrance
or passageway shall be kept at all times covered by a suitable and
substantial platform or grate, or in case it shall be kept open, it
shall be guarded and protected by a sufficient railing on both sides
thereof, at least 3 1/2 feet high, or higher if required by applicable
building or safety code, and be well-lighted at night.
If any person shall dig or sink, or cause to be dug or sunk,
or have uncovered, or cause to be left uncovered, any cellar, drain,
or other cavity in the ground adjoining any public road or sidewalk,
he/she shall at all times erect and maintain, so long as it may be
necessary for the purpose, a railing or fence on or near the line
of such public road or sidewalk, sufficient to guard and protect travelers
and passengers from falling into such cellar, drain, or other cavity
in the ground or being injured thereby. No person shall permit or
suffer his/her drain in any public road or sidewalk to be or remain
open or uncovered unless it shall be enclosed by a strong and safe
curb, guard, or fence.
No person shall establish or maintain any marquee, sign, awning, or other structure on, or attached to, his/her place of business, house, or structure over any part of any public road or sidewalk unless the same is safely fixed and supported so as in no way to impede, hinder or endanger pedestrians or impact the free passage over or across the public road or sidewalk. The lowest part of such sign, awning, marquee, or other structure shall be at least 15 feet above the public road and at least 10 feet above the sidewalk; nor shall any person hang, affix or fasten or place or allow to remain upon the outer edge of any sidewalk any sign or showcase whatever or display any goods, merchandise or samples of any business calling, trade, art or craft so as to obstruct the free passage and view from the street to sidewalk or from the sidewalk to street. Any and all signs shall otherwise comply with the provisions of Chapter 170, Zoning, of the Code of the City of Dover.
No person shall move, or assist in moving, any building, not
including garden sheds, or modular and manufactured housing as defined
under state law, through or over any public road without first having
obtained a permit issued by the Director, following consultation with
the Building Official and Police Chief. Said person shall comply in
all respects with the conditions of the permit. Such permit shall
be issued by the Community Services Department on an application provided
by the Department. All applications for a permit to move a building
through or over any public road shall include for each application
the fee listed in the annual Schedule of Fees adopted by the City
Council.
A.
No person shall put or place, or cause to be put or placed, any snow
or ice upon the surface of the traveled portion of any public road,
private road, or sidewalk, nor shall such snow or ice be put or placed
on a public road or private road so as to block access to sidewalks
or hydrants.
B.
No person shall push snow or ice across the traveled surface of public
road or sidewalk for the purpose of snow removal from land adjoining
said public road or sidewalk.
C.
No person shall deposit or cause to be deposited, including but not
limited to deposits from roof and/or foundation drains, any liquid
from private property in or upon any public road, sidewalk, or City
property in such a manner so as to cause a condition hazardous to
pedestrian movements and/or to the normal and reasonable flow of vehicle
traffic.
A.
The roofs of all buildings located on or near the edge line of any
public road or sidewalk shall be protected by railings or guards of
sufficient height and strength to prevent the falling of ice and snow
from such roofs onto the public road or sidewalk. The owner of such
a building shall be responsible for the adequacy of such railings
or guards.
B.
All trees or shrubs planted on private property that stand along
any public road or sidewalk, the branches of which extend over any
part of the public road or sidewalk, shall be maintained by the owner
of such private property so that such branches do not impede the safe
and orderly passage of persons and vehicles over the public road or
sidewalk, failing which the City may perform such maintenance consistent
with the provisions of RSA Chapter 231.[1]
C.
No fences, walls, or other structures shall be placed or constructed
within a public road without a license for such structure provided
by the City Council.
E.
No person shall put, or place, or cause to be put or placed, in or
on any public road, private road, sidewalk, or City property any article
or material which would be liable to cause damage to the tires or
wheels of automobiles, bicycles, or any other vehicles traveling lawfully
thereon.
No person shall use any public road, sidewalk, or City property for the sale of merchandise without first obtaining a written license for each day of such use pursuant to Chapter 109, Peddlers and Vendors, of the Code of the City of Dover.
No cart, wagon, or other vehicle loaded with any consumable article to be exposed for sale shall be permitted to stand for a market on any public road, sidewalk, or City property without first obtaining a written license for each day of such use pursuant to Chapter 109, Peddlers and Vendors, of the Code of the City of Dover.
[Amended 2-22-2023 by Ord. No. 2023.02.08-004]
A business that regularly and customarily sells food or drink may obtain a permit as outlined herein to operate an outdoor seating area on a sidewalk or any public parking space, for service and consumption of food or drink prepared on premises, on the terms and conditions set out below. The permit shall specify the area to be used for outdoor seating, the furniture to be used within the outdoor seating area, and the proposed arrangement of the furniture. Permits may only permit outdoor seating between April 15 and October 15, subject to a time extension by the Community Services Director of up to November 15 should weather permit in a given year, and shall only be valid for the calendar year in which issued. A condition of the Permit shall be the permittee's execution of an agreement to indemnify, hold harmless, and provide General Liability Insurance to the City of Dover as an additional insured, as well as the permittee's acceptance of the risk. Businesses wishing to serve alcohol in an outdoor seating area shall also comply with the provisions of Chapter 85, Food Service Establishments, § 85-11, of the Code of the City of Dover, and provide an additional liquor liability insurance coverage or endorsement, with the City of Dover as an additional insured, in an amount satisfactory to the permit issuers. Such permit shall be issued by the Community Services Department, the City's Fire and Rescue Department (Inspection Services Division), and by the City's Licensing Board or designee for any alcohol service, and may be issues on a single application provided by these Departments. All applications for a permit for sidewalk seating or outdoor dining shall include, for each application, the fee listed in the annual Schedule of Fees adopted by the City Council. An outdoor seating area shall meet all of the following requirements:
A.
The building in which the licensed business operates must share a
common boundary line with a public sidewalk and/or the subject outdoor
public parking spaces.
B.
The outdoor seating or dining area shall not extend beyond the boundaries
fronting the licensed business. For sidewalk seating, such outdoor
seating area shall be open and available to all individuals, not solely
customers of the permittee.
C.
The outdoor seating or dining area shall allow a minimum four-foot-wide
unobstructed pedestrian corridor at all times in accordance with applicable
code and applicable law, including but not limited to the requirements
of the federal Americans with Disabilities Act. Wider pedestrian corridors
or increased clearances may be required where warranted by pedestrian
traffic or other circumstances. Furniture in an outdoor seating or
dining area may be located next to the curb, with two-foot clearance,
and/or adjacent to the building, so long as clearances are maintained.
Where existing obstructions are present (such as fire hydrants), the
corridor can be measured to go around these obstructions.
D.
The outdoor seating or dining area must not block access to public
amenities like street furniture, trash receptacles, and way-finding
or directional signs.
E.
Furniture must be made of durable material. No plastic or unfinished
or pressure-treated wood furniture is permitted.
F.
For sidewalk seating (but not other outdoor dining), planters or
pots may be used to define the outdoor dining space but are not required.
G.
Lighting must not cause glare to pedestrians or vehicular traffic
and must not be affixed to City trees.
H.
The outdoor seating or dining area must be kept clean and neat, and
all trash shall be properly disposed.
I.
For clarification, businesses conducting outdoor dining located exclusively on private property are not subject to the requirements of Chapter 125, Streets and Sidewalks, § 125-9. However, for reference such a proposed use on private property might require a site plan, and/or an amendment to a previously approved site plan, and/or other land use approval from the applicable land use authority.
J.
The proposed permittee shall be required to agree and enter into a "Permit and Use Agreement" to be signed and approved by an authorized official within the City of Dover's Inspections Division to satisfy any restaurant licensing requirements (see Chapter 85, Food Service Establishments), by the City's Community Services Director to satisfy the requirements herein and any obstruction permit or license provisions required (see Chapter 125, Streets and Sidewalks, § 125-9), and by the City’s Licensing Board or designee for any alcohol service (see Chapter 85, Food Service Establishments, § 85-11). The Permit and Use Agreement shall also outline and incorporate the foregoing approvals and conditions (and those recited below if applicable), as well as the permittee’s agreement to comply with any and all applicable federal, state, and local laws, including but not limited to Dover Code chapter 85 and requirements of the Americans with Disabilities Act ("ADA"), and any applicable building, fire, safety, life safety, or other such codes, which may require provisions more stringent than the aforesaid provisions applicable to sidewalk seating or outdoor dining.
K.
In addition
to the foregoing, the following additional provisions apply for use
of any public parking spaces for outdoor dining:
(1)
The
proposed permittee shall obtain prior approval from the City’s
Parking Commission of the user, the location, and the number of proposed
public parking spaces to be used. Use of public parking for outdoor
dining should not be permitted unless the applicant carries the burden
of demonstrating to the Parking Commission that the proposed outdoor
dining would confer substantial benefit upon public. In weighing substantial
benefit, the Parking Commission should inquire into any relevant circumstances,
including but not limited to the frequency of proposed Outdoor Dining
use by the applicant as compared to the parking need or benefit relative
to the surrounding area, properties, and/or businesses. The Parking
Commission should also consider the ability of the proposed permittee
to use the sidewalk for outdoor seating before resorting to use of
public parking spaces. An applicant may appeal any denial by the Parking
Commission to City Council by submitting an appeal in writing to the
City Manager within thirty days of the date of denial by the Parking
Commission.
(2)
Any
approved outdoor dining must be located away from arterial roads;
(3)
The
proposed permittee shall use adequate barricades as determined by
the Dover Police Department, which shall be at a minimum height of
36 inches and sufficient to withstand a moderate speed impact from
a motor vehicle. If the proposed permittee prefers supplying its own
barricades, it may do so with prior approval of the Dover Police Department.
The placement and location of all barricades shall also be approved
by the Dover Police Department and shall conform to any requirements
of applicable law;
(4)
The
proposed permittee shall obtain and submit written consent on a form
to be provided by the City of Dover from any person or entity who
may own a fee interest underlying the proposed public parking spaces
to be used, which shall form a continuing condition/contingency of
the Permit and Use Agreement;
(5)
The
proposed permittee shall submit a proposed plan outlining the public
parking spaces to be used, the arrangement of tables or other furniture
to be kept on site, the ingress and egress details, and details concerning
barriers or other protection to be used along with the proposed methods
of installing and securing the foregoing, all for review, comment,
and approval by the Office of Economic Development, Planning Department,
Police Department, Community Services Department including Engineering
Division, and Fire and Rescue Department including Inspection Services
Division.
A.
A person shall not disturb or excavate within a public road, sidewalk,
or City property for the purpose of installing a groundwater monitoring
well without first obtaining a written permit of authorization from
the Community Services Department. Such permit shall be issued by
the Community Services Department on an application provided by the
Department. All applications for a permit to install monitoring wells
within a public road, sidewalk, or City property shall include for
each application the fee listed in the annual Schedule of Fees adopted
by the City Council.
B.
The Director is authorized to establish and publish rules, regulations,
and procedures, including general permit instructions and construction
requirements, related to groundwater monitoring well permits and to
prescribe the forms necessary for the management and operation of
the monitoring well permit programs under this section. These rules,
regulations, and procedures shall be subject to review and approval
by the City Manager, and a copy shall be filed with the City Clerk.
