City of Dover, NH Article II Application Procedure

§ 153-6 Application requirements; Technical Review Committee.

[Amended 8-26-2008; 3-23-2010; 1-24-2012; 5-24-2016; 1-14-2020; 7-27-2021; 3-28-2023]

A. Prior to the formal submission of an application for site review by the Planning Board, the applicant shall meet with the Technical Review Committee. Said meeting(s) shall serve to assist the applicant in preparing a development proposal that is technically conforming to the regulations contained herein. The Technical Review Committee shall be comprised of the Planning Board Chair, the Conservation Commission 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. For projects under the threshold described in Section 153-4.A but meeting the threshold of 153-4.B(1) through (5) may be approved by the majority vote of Technical Review Committee per RSA 676:43 provided no waivers or Conditional Use Permits are necessary to meet regulations.

B. A completed application sufficient to invoke jurisdiction of the Planning Board (or, for minor site plans, the Technical Review Committee) shall include the following elements:

(1) A completed application form, available at the Department of Planning and Community Development office and through the online portal.

(2) A completed site review checkoff list.

(3) A written narrative description of the proposed project, addressing its purpose, scope of operation, and impact on the immediate area of influence and the City in general (traffic, schools, utilities, land use compatibility, aesthetics, land and water resources, etc.).

(4) Ground/aerial photographs of the site and immediate area.

(5) Four copies of the site development plan as more fully described in Article IV of this chapter. Transmit a pdf of the site development plan via e-mail to [e-mail]. (Note: Only three copies of the preliminary plan need to be submitted initially for review by the Technical Review Committee. However, the applicant shall check with the Planning Department about number of copies that will be required for submission of the complete application to the Planning Board.)

(6) A list of owners, applicants, and professionals involved in the application. Additionally a fee for the City to create a list of abutting property owners that lie within 200 feet of the subject parcel. Information shall include name, mailing address, and Dover Tax Map and lot numbers for the applicant to review. The City will prepare verified mailings.

(7) A fee of an amount to be determined in accordance with the fee schedule contained in § 153-18 of this chapter.

C. The applicant shall file the application with the Planning Board office at least 21 days prior to the Planning Board meeting, at which time the application will be accepted and a public hearing held.

(1) The applicant and abutters shall be notified of said public hearing by verified mail, with return receipt requested, stating the time, date and place of such hearing. Notice will be mailed at least 10 days prior to the date of the meeting, by the city.

(2) Such public hearing shall be advertised in a newspaper of general distribution not less than 10 days prior to the said meeting.

§ 153-7 Planning Board action.

[Amended 8-26-2008]

A. The Planning Board shall take no action on an applicant's development proposal until it has received a report from the Technical Review Committee evaluating said proposal.

B. The Planning Board shall act to approve or disapprove within 65 days after formal acceptance of the application.

C. The applicant may waive the requirement for Planning Board action and consent to such extension as may be mutually agreeable.

[Amended 3-28-2023]

D. The Planning Board may request technical assistance from experts in any field in making a proper determination of the physical, social, economic, and environmental or other impact of a proposed development on the community. In the event that said technical assistance would require remuneration, the applicant shall be responsible for such costs.

E. The Planning Board shall, as deemed necessary, place conditions on such approval, including the posting of a performance bond or escrow agreement as specified in § 153-11 of this chapter.

F. The action of the Planning Board shall be recorded in writing and shall be transmitted to the applicant, stating the reasons for approval, approval with modification, or disapproval. Such correspondence shall specify, where appropriate, those aspects in which the site review application fails to conform to the City's ordinances or to other essential planning criteria, as determined by the Planning Board in accordance with § 153-5 of these regulations.

G. The Planning Board may grant preliminary site review approval; however, said approval shall not qualify the applicant to receive a building permit for the construction of said project. Said approval shall remain in effect for a period not to exceed one year. In the event a development is being constructed in phases, the applicant may, by prior written agreement with the Planning Board, receive a preliminary site approval for a period not to exceed two years.

§ 153-8 Certification.

[Amended 9-11-1990; 9-28-1993; 4-22-2003; 8-26-2008; 12-18-2012]

A. The applicant shall submit to the Planning and Community Development Department an electronic copy and five copies of the final site development plan for the Planning Board Chair's signature within 90 days of receipt of final site plan approval by the Planning Board. The Director of Planning and Community Development may grant one ninety-day extension if circumstances arise beyond the control of the applicant. An extension denial by the Director of Planning and Community Development can be appealed to the Planning Board. Any additional extensions can only be granted by the Planning Board.

B. The final site development plan shall be clearly and legibly reproduced via black or blue print lines.

C. Where an applicant is required by the Planning Board, as a condition of its approval, to file a performance bond or escrow agreement, it shall be posted prior to the start of construction of any improvement or the issuance of a building permit. Such bond or escrow agreement shall be executed on forms provided by the Planning Board office and shall be certified as to its sufficiency by the City Attorney.

D. Any application which is not signed by the Planning Board Chair as complete, in accordance with this section, is deemed expired, and null and void.

[Added 7-27-2021]

§ 153-9 Expiration of Planning Board approval.

[Amended 11-15-1991; 6-13-1995; 8-26-2008; 12-18-2012]

A. Planning Board approval shall be valid for five years from the date of said approval. If a building permit has not been issued within such time constraints, then said approval shall be considered null and void, except as provided below.

B. The Planning Board may grant time extensions, not to exceed one year each.

(1) The applicant shall appear before the Planning Board and document that the following criteria are met:

(a) The proposed project is consistent with the City Master Plan.

(b) Surrounding conditions (i.e., traffic flow, school capacity, water/sewer demand) have not changed to the point of requiring reanalyzing of the proposed project.

(c) The proposed project complies with current City, state and federal regulations, ordinances and statutes.

(2) 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. Approved site plans 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 foundation walls and footings, driveway and parking lot construction to a minimum of gravel base, utilities placed in underground conduits, construction of all drainage improvements, and installation of all erosion and sediment control measures. Substantial completion shall be deemed to have occurred when a certificate of occupancy for all buildings shown on the approved site plan has been issued by the Building Official, any parking lot improvements have been completed, and off-site improvements specified in the site plan 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]