City of Dover, NH Article V Required Improvements and Agreements

§ 157-23 Performance requirements.

[Amended 11-15-1991; 6-13-1995; 8-26-2008; 3-23-2010; 1-24-2012]

A. All site improvements in the approved subdivision or part thereof shall be constructed and/or installed within five years of the date of final plat approval in accordance with the requirements specified herein, unless such time is extended by written mutual consent of the applicant and the Planning Board. Such improvements shall not be considered complete until officially approved by the City Engineer and Community Services Director or accepted by the City Council, as appropriate. Responsibility for uninspected and unimproved utilities will be that of the developer.

[Amended 12-18-2012]

B. The Planning Board may grant time extensions, not to exceed one year each. The applicant shall appear before the Planning Board and document that the following criteria are met:

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

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

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

(4) 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. Building certificates of occupancy shall be issued by the Building Official for all residential and/or nonresidential units only upon the receipt of a written memorandum co-signed by the Director of Planning and Community Development, the Community Services Director or the City Engineer and the Fire and Rescue Chief or designee as to the adequacy of all required improvements servicing the subject parcel or parcels.

(1) A certificate of occupancy shall be issued, provided that all required roads, utilities and other improvements servicing the subject parcel have been constructed and/or installed in accordance with City specifications.

(2) A certificate of occupancy may be issued if only minor improvements are needed to complete the project and if the completion of these improvements has been delayed due to factors, such as the weather, beyond the control of the developer. The developer must demonstrate to the Director of Planning and Community Development, the Community Services Director or the City Engineer and the Fire and Rescue Chief or designee the reason these improvements were not completed. In addition, the developer must demonstrate that the lack of these improvements, as well as the eventual construction of the improvements, will not impede the protection of public health and safety and that an irrevocable letter of credit will be posted to cover the cost of these improvements, as outlined in § 157-24. The developer must also indicate the time that will be required to make the necessary improvements.

D. Construction activities and storage of building materials shall only be carried on in such a manner and at such times that shall render said activities not unduly objectionable to adjacent properties. Hours of construction shall be determined during the preconstruction meeting and documented on a site construction sign along with the contact information for the general contractor. Said signage shall be located and approved by the City Engineer or Director of Planning and Community Development prior to construction land disturbance.

E. Approved subdivisions 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 road construction to a minimum of gravel base, utilities placed in underground conduits, construction of all drainage improvements, installation of all erosion and sediment control measures, and the construction of at least one complete building foundation. Substantial completion shall be deemed to have occurred when certificates of occupancy for at least 75% of the houses within the subdivision have been issued by the Building Official, the top coat of the roadway and sidewalk have been completed and off-site improvements specified in the subdivision 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]

F. All subdivision improvements which require blasting of land shall meet the requirements of § 153-10F, prior to any blasting occurring.

§ 157-24 Performance guaranty.

A. An irrevocable letter of credit will be considered to have automatically been called unless the individual or institution advancing the surety obtains a certificate of completion from the City prior to the expiration date of the security, or an escrow agreement shall be filed by the subdivider with the City Clerk after final plat approval, within the time requirements set forth in § 157-13 of this chapter.

B. Such performance guaranty shall be in an amount up to 120% of the cost of construction as determined by the City Engineer to secure to the City the satisfactory construction and installation of the required improvements.

C. Construction and installation of required improvements must be satisfactorily executed within the time constraints imposed by the Planning Board or the applicant shall forfeit said performance guaranty, and the surety shall be used to complete and/or install such improvements in accordance with the requirements specified herein. If an extension of such time limit is required, the applicant shall notify the Planning Board at least 30 days prior to said completion date. The Planning Board shall have the discretion to extend said completion date and/or increase the limit of the performance guaranty.

§ 157-25 Maintenance guaranty.

[Amended 8-26-2008; 1-24-2012; 5-8-2018]

An irrevocable letter of credit to guaranty that all site work was properly done shall be posted by the applicant with the Community Services Department, which shall place the letter of credit with the City Treasurer. Such maintenance guaranty shall be in an amount of 2% of the estimated project cost prepared by the City Engineer, plus the full cost of replacement for all street trees and other landscaping required for three years after a certificate of completion is issued. If such repairs are needed and are not satisfactorily installed by the developer, then such guaranty shall be used to complete and/or install such improvements in accordance with the requirements specified herein.

§ 157-26 Inspection of improvements.

[Amended 3-23-2010]

All site improvements shall be subject to inspection by and approval of the Community Services Director, City Engineer and the Director of Planning and Community Development, as appropriate, who shall be notified by the developer at least 72 hours prior to the start of construction. Inspections will be conducted by said officials or their designee following a request by the developer. No underground installation shall be covered until inspected by the appropriate City department. Any improvements covered without inspection shall be considered not accepted. All fees and costs connected with inspection for the review of plans, construction and specifications shall be paid for by the developer, at a rate set forth in the City of Dover adopted Fee Schedule, as amended annually.