[Amended 9-8-1987; 2-10-2003; 2-10-2004]
A.
Major subdivision. The following rules and regulations shall pertain
to the subdivision of land into four or more separate parcels. In
addition, a subdivision of fewer lots shall be considered major if,
in the judgment of the Director of Planning and Community Development,
the proposed subdivision may present significant engineering/planning
problems or there is the likelihood of further subdivision of any
of the parcels at a later date. The Planning Board reserves the right
to review the Director of Planning and Community Development's decision
to consider a subdivision to be major, if the applicant disagrees
with the decision.
B.
Minor subdivision. In the case where a proposed subdivision or resubdivision of a parcel would create three or fewer lots in a four-year time period, the Planning Board may implement an expedited review of the application procedure. See Article III, § 157-14, for an explanation and definition of the procedure.
C.
Minor lot line adjustment. In the case where a lot line adjustment would create a lot that is smaller than the minimum lot size required for an open space subdivision, the Planning Board shall require that any subdivision of the resulting lots in a four-year time period follow the procedures outlined in Article IV, Open Space Subdivisions, § 157-21.
It is suggested that all subdivision applicants meet with the
Director of Planning and Community Development or the Technical Review
Committee on an informal basis, or with the Planning Board at a regularly
scheduled Board meeting, prior to submitting a formal application.
A sketch map may be submitted by the applicant to facilitate discussion.
The limits of the preliminary consultation shall be directed at review
of the basic concept of the proposal and suggestions which might be
of assistance in resolving problems with meeting requirements of the
City's ordinances and regulations. Preliminary consultation and review
shall not bind either the applicant or the Planning Board (RSA 676:4,
II). A formal public notification is not required for preliminary
consultation.
[Amended 8-26-2008; 3-23-2010]
Anyone desiring to subdivide a tract of land shall file an application
with the Planning Board. Only complete applications will be reviewed
by the Board.
A.
To be considered complete an application shall:
(1)
Be
made on forms available at the Planning Board office.
(2)
Include one electronic copy and 15 copies of the preliminary plat layout and the plat construction detail sheets as more fully described in §§ 157-27 and 157-29, respectively, in this chapter. Transmit a pdf of the subdivision plat via e-mail to dover-planning@dover.nh.gov. (Note: Only eight copies of the preliminary plat need to be submitted initially for review by the Technical Review Committee. However, 15 copies are required for submission of the complete application to the Planning Board.)
[Amended 5-24-2016; 2-26-2019]
(3)
Include a fee in an amount to be determined in accordance with the fee schedule outlined in § 157-53 of this chapter.
(4)
Comply in all respects with Article VIII of this chapter, except where a waiver may be specifically authorized by the Planning Board.
(5)
Be
filed with the Director of Planning and Community Development at least
21 calendar days prior to a regularly scheduled meeting of the Board.
[Amended 1-14-2020]
(6)
Be
reviewed and evaluated by the Technical Review Committee as to the
completeness of the information submitted by the applicant. Particular
attention will be given to the arrangement, location and width of
streets; topography and soil data; method of sewage disposal; water
provision; on-site drainage; preservation of on-site vegetal elements;
lot size and arrangement; the present and future development of adjoining
lands; and conformity with the Master Plan and other relevant City
ordinances. This review by the Technical Review Committee may be eliminated
if, in the judgment of the Director of Planning and Community Development,
such a review is not warranted. The Director shall provide a written
explanation to the Planning Board for said elimination of this review.
(7)
Include
special investigative studies, review of documents and other matters,
if required for particular applications. Reasonable fees to cover
the cost of such studies or reviews shall be charged to the applicant
[RSA 676:4, I(g)].
B.
Included with the application shall be the names and mailing addresses
of all abutters as indicated in City records. The names of all abutters
shall be obtained from City records not more than five calendar days
before the date of filing. In addition to the abutters list, three
duplicate sets of adhesive mailing labels for all abutters shall be
submitted for use by staff in preparing verified mailings.
[Amended 1-14-2020]
C.
The Director of Planning and Community Development shall include
a written memorandum indicating whether or not the application has
sufficient information for the Board to begin formal consideration.
The memorandum shall inform the Board of the findings of the Director
of Planning and Community Development and/or the Technical Review
Committee's review indicating areas of particular concern.
D.
Traffic impact assessment and analysis. All proposed major subdivisions
shall be reviewed by the Technical Review Committee and/or Planning
Board to ascertain that adequate provisions have been made by the
applicant for traffic safety. To facilitate this review, the applicant
shall provide a traffic impact assessment and analysis to document
existing traffic conditions in the vicinity of a proposed development
project, to describe the volume and effect of projected traffic generated
by the proposed project, and to identify measures proposed to mitigate
any adverse impacts on traffic. All analyses must meet the minimum
requirements of a "standard" analysis. If any of the following thresholds
apply, then an "advanced" analysis must be completed:
(1)
Trip generation exceeding 1,000 average daily trips or 100 peak-hour
trips. "Peak hour" is defined as any of the following:
(a)
AM peak hour (7:00 a.m. to 9:00 a.m.);
(b)
PM peak hour (4:00 p.m. to 6:00 p.m.);
(c)
Saturday midday peak hour (11:00 a.m. to 1:00 p.m.); and
(d)
Peak hour generator for certain land uses (e.g., school, movie
theater) if it falls outside the three previously listed periods.
Analysis of Saturday midday peak only applies to retail uses.
(2)
The Department of Planning and Community Development may require
an advanced analysis because of special circumstances. The requirements
for a standard or an advanced analysis are contained in the Department
of Planning and Community Development document titled "City of Dover
Traffic Impact Assessment and Analysis Standards." This document is
available in the Department of Planning and Community Development
and can be found on the City website. Applicants are strongly encouraged
to consult with the staff of the Department of Planning and Community
Development early in the project design regarding the scoping of the
traffic impact assessment and analysis, including consideration of
the study area boundary and any special considerations for the area
that the development is proposed. A draft of the traffic impact assessment
and analysis shall be completed prior to the final Technical Review
Committee meeting so that it can be included in the discussion. A
complete version of the analysis shall be finished prior to the first
meeting at which the application will be presented to the Planning
Board so that abutters and the Planning Board will have an opportunity
for review.
[Amended 3-23-2010]
A.
The Planning Board shall, by a majority vote of its members present, accept an application to subdivide at its regularly scheduled meeting only if the application has been submitted in accordance with § 157-10. Notice of said public meeting shall be provided to the applicant, abutters and the public in accordance with § 157-12 [RSA 676:4, I(d)].
B.
The Board shall begin formal consideration of the application within 30 days after submission and acceptance of the completed application. The Board shall act to approve, conditionally approve or disapprove within 65 days after accepting the application subject to extension or waiver as set forth in Subsection C below [RSA 676:4, I(c)].
C.
The Planning Board may apply to the City Council for an extension
not to exceed an additional 90 days before acting to approve, conditionally
approve, or disapprove an application. The applicant may waive the
time period requirements for Planning Board action and consent to
such extension as may be mutually agreeable [RSA 676:4, I(f)].
[Amended 1-14-2020]
E.
Following a public hearing on a subdivision application, the Board
shall approve, conditionally approve, disapprove or table the proposed
subdivision application. If the Board denies the preliminary plans,
the applicant shall be notified, in writing, as to the reasons for
denial.
[Amended 1-14-2020]
F.
A public hearing is not required for disapprovals of applications
based upon failure of the applicant to supply information required
by the regulations, including abutter identification, failure to meet
reasonable deadlines established by the Board, or failure to pay fees
required by the Board [RSA 676:4, I(e)(2)].
No subdivision application shall be accepted or acted on by
the Planning Board without giving due notice to the public.
A.
Such notice will be given in the following manner:
(1)
The
applicant and all abutters shall be notified by verified mail of the
date upon which the application will be formally submitted to the
Board. The applicant and all abutters shall also be notified in the
same manner concerning the date of the public hearing. If notice of
the public hearing has been included in the notice of submission or
any prior notice, additional public notice of the public hearing is
not required, nor shall additional notice be required of a recessed
public hearing if notice is provided at the public hearing (including
date, time and place) when the hearing will be resumed.
[Amended 1-14-2020]
(2)
Notice
shall be mailed at least 10 calendar days prior to submission.
(3)
Notice
to the general public shall be at the same time by advertising in
a newspaper of general circulation or by posting. The notice shall
include a general description of the proposal which is the subject
of the application and shall identify the applicant and the location
of the proposal.
B.
All costs of notice, including mailing, posting or publishing, shall
be paid by the applicant. Failure to pay such costs shall constitute
valid grounds for the Planning Board to terminate further consideration
and to disapprove the application without a public hearing.[1]
[1]
Editor's Note: Original §§ 155-12 and 155-13,
which immediately followed this subsection, were repealed 3-23-2010.
[Amended 9-11-1990; 9-28-1993; 1-14-2003; 4-22-2003; 8-26-2008; 3-23-2010; 1-24-2012; 12-18-2012]
A.
The applicant shall submit to the Department of Planning and Community
Development an electronic copy, a digital CAD file and five copies
of the final plat layout for the Planning Board Chair's signature
within 90 days of receipt of final plat 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. The Department of Planning
and Community Development shall file a signed, unfolded paper copy
of the final plat with the office of the Registry of Deeds of Strafford
County within 30 days of the date of said signing. All applicable
handling and recording fees charged by the Registry of Deeds shall
be paid by the applicant.
C.
Every final plat application granted approval shall be deemed to
be an amendment of or an addition to the City of Dover Official Map
and a part thereof. Approval of a final plat application shall not
be deemed to constitute or effect an acceptance by the City of the
dedication of any street, open space, or parks shown upon the final
plat layout.
D.
The applicant shall file an irrevocable letter of credit or an escrow agreement, as required by § 157-24, prior to the issuance of a building permit, or as per the judgment of the Planning Board, prior to the start of construction of any improvements.
E.
An applicant may, at the discretion of the Planning Board, be required to enter into an escrow agreement with the City as security for the performance of its obligation under § 157-24, in lieu of filing an irrevocable letter of credit. Such escrow agreements shall be executed on forms provided by the City Engineer.
F.
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]
