Purpose: This Part 3 establishes uniform procedures for the processing of applications for zoning approval, such as rezonings and conditional use permits; site plans; subdivision plans; and other forms of development approval. The intent of this article is to consolidate in one area all procedures for securing development approval.
This Part 3 establishes the following:
•
Common elements such as initiation of application process, completeness review, decision, approval criteria, scope of approval, and recording procedures.
•
Categories of permits including legislative development orders, quasi-judicial decisions, and ministerial permits.
•
Requires building permits and certificate of occupancy before construction or occupancy.
Subsection
Description
A.
Applicability
Types of situations that require the permitting or land use action.
B.
Initiation
How an application is submitted, to whom, and when.
C.
Completeness review
Period of time for certifying an application as complete and ready for a decision.
D.
Notice
Procedures for providing notice of the decision.
E.
Decision
Procedures for reaching a final decision on the application.
F.
Approval criteria
Criteria for approving the application.
G.
Amendments
Procedures for amending the application.
H.
Scope of approval
What actions the decision authorizes, including the duration of the permit or decision.
I.
Recording procedures
How the action is memorialized.
Purpose: This section establishes procedures for certifying that an application is ready to be processed. The intent is to require that applications contain sufficient information for the agency to make an informed decision on the application. At the same time, it contains time limits for certifying completeness in order to avoid unnecessary delay in the approval process.
A. 
Applicability. These procedures shall be used to review any application for completeness unless a different procedure is established elsewhere in this chapter.
B. 
Preapplication conference. Before any application is filed with the Administrative Officer, the applicant may attend a preapplication meeting with the Administrative Officer or his designee. The purpose of the preapplication meeting is to discuss, in general, the procedures and requirements for an application pursuant to this chapter.
C. 
Application materials.
(1) 
No application shall be deemed complete unless all of the information required by Article XLIII for a particular application is included, a completed checklist indicated that all such items have been submitted, an engineer's stamp, and all filing fees required by Article XLIII have been paid. An application that includes such information shall be deemed complete.
(2) 
The Administrative Officer shall prepare and make available to applicants application forms consistent with Article XLIII. Such applications shall be filed in advance of any public hearing or public meeting required pursuant to this chapter or statute. The Administrative Officer may establish a schedule for filing any application requiring action by the Planning Board, the Board of Aldermen, or other agencies assigned review authority by this chapter. The filing schedule shall provide adequate time for notice and/or publication consistent with the applicable state statutes and this chapter. Completed applications shall be filed according to any published schedule of the Administrative Officer.
D. 
Review procedures.
(1) 
Jurisdiction. Unless the provisions pertaining to a particular application prescribe otherwise:
(a) 
The Administrative Officer shall review all applications for approval of a development order or a permit for completeness.
(b) 
All decisions of the Administrative Officer or other administrative official pertaining to completeness may be appealed to:
[1] 
The Zoning Board of Adjustment, in the case of a zoning application (Article XV) of this chapter or zoning compliance review for building permits or certificates of occupancy; or
[2] 
The Planning Board for all other applications.
(2) 
Time limits triggered by complete application. Whenever this Part 3 establishes a time period for processing of an application by the City, such time period shall not commence until the Administrative Officer has reviewed such application for completeness in order to determine whether the application has been properly submitted and the applicant has corrected all deficiencies in such application. Review for completeness of application forms is solely for the purpose of determining whether preliminary information required for submission with the application is sufficient to allow further processing, and does not constitute a decision as to whether application complies with the provisions of this chapter.
(3) 
Review by Administrative Officer and appeal; default procedure.
(a) 
Unless a different procedure is described in this Part 3, this subsection applies to the review of an application for completeness.
(b) 
Not later than 10 days after the Administrative Officer has received an application, the Administrative Officer shall determine in writing whether the application is complete and shall immediately transmit the determination to the applicant. If the written determination is not made within this time period, the application shall be deemed complete for purposes of this chapter. Upon receipt of any resubmittal of the application, a new ten-day period shall begin, during which period the Administrative Officer shall determine the completeness of the application. If the application is determined not to be complete, the Administrative Officer's determination shall specify those parts of the application which are incomplete and shall indicate the manner in which they can be made complete, including a list and thorough description of the specific information needed to complete the application. The applicant shall submit materials to the Administrative Officer in response to the list and description.
(c) 
If the application together with the submitted materials are determined not to be complete, the applicant may appeal that decision in writing. The agency hearing the appeal shall render a final written determination on the appeal not later than the next available meeting after receipt of the applicant's written appeal. Notwithstanding a decision by the Administrative Officer that the application and submitted materials are not complete, if the final written determination on the appeal is not made within that five-day period, the application with the submitted materials shall be deemed complete for the purposes of this chapter.
(d) 
An applicant and the Administrative Officer may mutually agree to an extension of any time limit provided by this section.
(4) 
Time limits. If the reviewing agency fails to act within the time period prescribed for completeness review, the application shall be deemed complete.
(5) 
Limitation on further information requests.
(a) 
After the Administrative Officer accepts an application as complete or following a determination or appeal that the application is complete, the Administrative Officer or the reviewing agency shall not subsequently request of an applicant any new or additional information which was not specified in Article XLIII. The Administrative Officer or the reviewing agency may, in the course of processing the application, request the applicant to clarify, amplify, correct, or otherwise supplement the information required for the application.
(b) 
This subsection shall not be construed as requiring an applicant to submit with his or her initial application the entirety of the information which the reviewing may require in order to take final action on the application. Prior to accepting an application, the Administrative Officer shall inform the applicant of any information included in Article XLIII that is subsequently required from the applicant in order to complete final action on the application.
E. 
Acceptance of application. Applications shall be accepted as follows:
(1) 
For administrative procedures (Article XIV of this Part 3), by written notice if requested by the applicant; or
(2) 
For other actions, by placing the application on the agenda of the agency considering the application.
Purpose and intent. This section provides the maximum possible notice of actions relating to parcels of land in the City that may impact the surrounding neighborhood by requiring the posting of signage on the subject site giving notice of public hearings on such actions.
A. 
Applicability. This section applies to all applications that require public notice.
B. 
Generally. The notice requirements for each type of application for development approval are prescribed in the individual subsections of this article applicable thereto and/or the New Hampshire Revised Statutes Annotated (RSA). The notice requirements for certain types of public hearings are established in Table 126-1 below; provided, however, that to the extent of any inconsistency between the provisions of this section and any state statute, the state statute shall govern.
C. 
Contents of notice. [References: RSA 676:4 I(d)] Other than applications for subdivision or site plan approval (See §§ 190-138 and 190-146), the notice shall state the time, date and place of hearing and a description of the property subject to the application which includes, at a minimum, the following:
[Amended 12-13-2023 by Ord. No. O-23-059]
(1) 
Date upon which the application will be formally submitted to the agency.
(2) 
A general description of the proposal which is the subject of the application.
(3) 
The name and address of the applicant.
(4) 
The location of the proposal. The street address or, if the street address is unavailable, the legal description by metes and bounds.
(5) 
The current zoning classification.
(6) 
The category of permit requested.
D. 
Action to be consistent with notice. The reviewing body may take any action on the application that is consistent with the notice given, including approval of the application, conditional approval (if applicable) of the application, or denial of the application.
E. 
Minor amendments not requiring renotification. The provisions of this Subsection E shall govern to the extent not inconsistent with provisions relating to minor amendments for a specific category of permit or development order. The reviewing body may allow minor amendments to the application without resubmittal of the entire application. For purposes of this subsection, "minor amendments" are amendments that:
(1) 
Permit equal or fewer dwelling units, floor area or impervious surface than that requested on the original application;
(2) 
Reduce the impact of the development; or
(3) 
Reduce the amount of land involved from that indicated in the notices of the hearing.
Table 126-1
Notice
[Amended 8-10-2010 by Ord. No. O-10-25; 12-13-2023 by Ord. No. O-23-059]
(A)
(B)
(C)
(D)
(E)
Action
Publication
Posting
Mail
Signage
Regulatory Amendments
Official Map amendment (RSA 674:11)
10 days
10 days, at least 2 public places
N/A
N/A
Zoning Ordinance amendments (RSA 675:7)
N/A
10 days, at least 2 public places
10 days
N/A
Rezoning (RSA 675:2, 674:20)
N/A
10 days, at least 2 public places
10 days
10 days
Planning Board Applications
Site plan (RSA 674:1.VI, 674:43)
N/A
10 days, at least 2 public places
10 days
10 days
Subdivision plan (RSA 674:1.VI, 674:35)
N/A
10 days, at least 2 public places
10 days
10 days
Conditional use permit (RSA 674:21.II)
N/A
10 days, at least 2 public places
10 days
10 days
Plan revocation (RSA 676:4-a)
N/A
10 days, at least 2 public places
10 days
N/A
Communications towers, regional notification (RSA 12-K:7)
7-21 days
N/A
7-21 days
N/A
Developments of regional impact (RSA 36:57)
N/A
N/A
14 days
N/A
Design review (RSA 674:4.I(b))
N/A
10 days, at least 2 public places
10 days
10 days
Zoning Board Applications
Special exception (RSA 674:33)
5 days
10 days, at least 2 public places
10 days
10 days
Zoning variances or appeals (RSA 674:33)
5 days
10 days, at least 2 public places
10 days
10 days
Equitable waiver (RSA 674:33-a)
5 days
10 days, at least 2 public places
10 days
10 days
Appeals to the Zoning Board of Adjustment (RSA 674:13, 674:15, 676:5)
5 days
10 days, at least 2 public places
10 days
10 days
Historic District Commission Applications
Historic District Commission
N/A
10 days, at least 2 public places
14 days
10 days
Rules of Interpretation for Table 126-1:
In Table 126-1, the type of development order or permit is set forth in Column (A), and the types of notice are prescribed in Columns (B) through (E). Nothing in this section prohibits the City from posting additional notice for such actions, such as posting a sign or a notice on the City's Internet Web site. Unless otherwise provided, the time periods referenced above mean the number of days (or other time period) preceding a public hearing on the matter. Notice shall conform to RSA 675:7 unless otherwise provided.
Column (B): "Publication" means publication of notice of such hearing in a newspaper of general circulation in the City.
Column (C): "Posting" means posting a notice at the City hall, or in whatever place other notices required by law in connection with municipal affairs are posted or customarily displayed.
Column (D): "Mail" means notice to abutters, the applicant, holders of conservation, preservation, or agricultural preservation restrictions, and every engineer, architect, land surveyor, or soil scientist whose professional seal appears on any plan submitted to the Board by certified mail of the date upon which the application will be formally submitted to the Board (RSA 676:4(d)). The number of days refers to the number of days prior to submission in the case of plans [RSA 676:4(d)], and before the date fixed for the hearing of the appeal (RSA 676:7). This definition does not apply to: (1) communications towers, which is governed by RSA 12-K:7 (See § 190-38B), or (2) developments of regional impact, which are governed by RSA 36:57. For developments of regional impact, notice of the decision must be provided to the Regional Planning Commission and affected municipalities within 72 hours of a decision (RSA 36:57).
Column (E): "Signage" is a sign erected by the applicant along each principal frontage of the lot, as determined by the Administrative Officer, providing notice of the impending action. Such sign shall be of a design, size and color approved by the Administrative Officer in order to maximize visibility of the sign and to call attention to its purpose. At a minimum, the sign shall include the title, a brief description of the requested action, the time, date, and place of public hearing or hearings on such actions, and instructions on contacting the Administrative Officer for further information on the action. Any sign required by this section shall be erected within 48 hours of the notification of the applicant of the requirement for posting, and at least 10 days prior to the hearing on such matter, and shall be kept in good repair (as determined by the Administrative Officer) by the applicant until the date and time of the last hearing notified by the sign. The lack of proper signage shall not be deemed to be insufficient notice of hearing unless there is a determination by the Administrative Officer that the applicant has not made a good faith effort to keep the required signs posted and in good repair.