Dover City Zoning Code

The applicant shall demonstrate that the proposed use is essential to the productive use of land not in the district and is located and constructed to minimize any detrimental impact of such use upon the surface waters or other environmentally sensitive areas, where it is physically impossible to locate such use on land not in the district, and economic advantage alone shall not be deemed a sufficient reason for such proposed use.

A soil erosion and sedimentation control plan is submitted and followed to verify the planned avoidance of sediment pollutant runoff to bodies of water. This plan will address the following (if applicable), but should not be limited to:

Necessary state and federal approvals have been applied for. Said permits shall be received prior to the issuance of the conditional use permit by the Planning and Community Development Department.

A written review by the Conservation Commission of the environmental effects of the proposed use upon the area in question has been submitted. The Commission's review shall address the following, but is not limited to:

The lot existed within the Conservation District, as recorded in the Strafford County Registry of Deeds, prior to the effective date of this subsection.

The structure cannot feasibly be constructed on a portion or portions of the lot which are outside the 100-foot setback of the Conservation District.

Where field investigation indicate that a Wetland Protection District is present on a proposed development site, those wetlands shall be delineated on the basis of hydrophytic vegetation, hydric soils, and wetlands hydrology in accordance with the techniques outlined in the Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1 (January 1987), or successor document. The hydric soils component of wetlands delineations shall be determined in accordance with the manual Field Indicators for Identifying Hydric Soils in New England (Version 4, May 2017, published by the New England Interstate Water Pollution Control Commission) or successor document. Pursuant to RSA 310-A:75 through 310-A:87, a certified wetland scientist shall conduct this delineation. A certified wetland scientist is defined as: "a person who, by reason of his or her special knowledge of hydric soils, hydrophytic vegetation, and wetland hydrology acquired by course work and experience, as specified by RSA 310-A:84, II-a and II-b, is qualified to delineate wetland boundaries and prepare wetland maps; to classify wetlands; to prepare wetland function and value assessments; to design wetland mitigation; to implement wetland mitigation; to monitor wetlands functions and values; and to prepare associated reports, all in accordance with standards for identification of wetlands adopted by the New Hampshire Department of Environmental Services or the United States Army Corps of Engineers or its successor, and who has been duly certified by the Board" (RSA 310-A:76). If necessary, a botanist shall be used in conjunction with the wetlands scientist to identify wetland vegetation where required. The botanist shall have equivalent and practical experience to that of the wetlands scientist.

Applications for a building permit, subdivision and site plan approval shall locate and depict on the survey/subdivision plat/site plan all Wetland Protection Districts on the subject parcel. Any applicant seeking said approval(s) will be responsible for providing this information before the appropriate approval or permit can be granted.

The entire length of the upland limit of the wetland shall be marked at regular intervals with pink-and-black-striped construction tape prior to, and maintained for the full duration of, any construction-related activities. The applicant may also be required to place and maintain wooden stakes and/or construction tape at appropriate intervals along the wetlands buffer boundary to provide sufficient visual evidence of the buffer boundary during construction, if development is proposed within 20 feet of the wetlands buffer. The applicant may be required to affix some form of marker or tag acceptable to the City to permanently delineate the wetlands buffer boundary at appropriate intervals, as determined by the Conservation Commission and Planning Board, for the purpose of notifying future landowners of the presence of the wetlands buffer. The presence of wetlands on residential properties created as part of a major subdivision shall be documented in the parcel's deed.

Said structures are constructed on posts or pilings so as to permit unobstructed flow of water and are designed in compliance with the New Hampshire Wetlands Code of Administrative Rules (Env-Wt 300, 500 and 600).

The natural contour of the wetland is preserved.

All other applicable provisions of the this chapter have been met.

Practicable alternative. There is no practicable alternative that would have a less adverse impact on the area.

Avoidance. The potential impacts have been avoided to the maximum extent practicable. The applicant will demonstrate by plan and example that the proposed construction represents the least impacting alternative.

Minimization. Any unavoidable impacts have been minimized. No reasonable alternative to the proposed construction exists which does not impact a wetland or which has less detrimental impact on a wetland. Design, construction and maintenance methods will be prepared by a registered engineer to minimize detrimental impacts to the wetlands and will include restoration of the site as nearly as possible to its original grade.

Mitigation. If the applicant is required by state rules to prepare a compensatory mitigation plan, the applicant shall provide the Conservation Commission and Planning Board with one copy each of said plan for their review.

Approval for the wetlands impact has been received from the New Hampshire Department of Environmental Services Wetlands Bureau pursuant to Section G(3) below.

To assess and summarize the wetlands' functions and values as denoted in the NH Method and § 170-28B(2).

Buffers established. Buffers are hereby established around and encircling all wetlands other than those that were created as legally permitted sedimentation/detention basins or roadside drainage ditches. The minimum width of the wetland buffers shall be 50 feet horizontal distance as measured outward from the perimeter edge of the wetland. Wherever a permit to fill a wetland has been issued by either the New Hampshire Department of Environmental Services (NHDES) or the United States Army Corps of Engineers (USACOE), the perimeter of the wetland shall be deemed to be the new edge between the fill as placed in accordance with the permit and the remaining wetland. If there is no remaining wetland, there is no buffer. All other wetland edges shall be determined in accordance with Subsection D(1) above.

Natural conditions to be maintained within buffers. Where wetland buffer disturbance is allowed pursuant to a state or federal permit, or a conditional use permit, restoration of the disturbed area is required. "Restoration" is defined as filling of ruts or excavated area with similar soils while maintaining original grade. Applications for a City of Dover building permit that include a temporary disturbance of wetlands buffers, pursuant to Subsection G(1)(e)[4] below, shall include a wetlands buffer encroachment and restoration plan. Said plan shall be submitted, reviewed and approved by Building Inspector, in consultation with City staff, prior to the disturbance. Replanting to restore buffers shall be with native, noninvasive species specified in the wetlands buffer encroachment and restoration plan. Implementation of the plan shall include the clear delineation of the boundaries of wetland buffers in the field using construction tape or other clear marking device. Mowing to maintain an existing lawn or field within a wetland buffer area is allowed without a permit, as specified in Subsection G(1)(e) below, provided the roots of the vegetation are not disturbed and the ground is frozen or sufficiently dry to avoid making ruts.

Certain uses prohibited in buffers. The following uses and activities are prohibited within a wetland buffer:

Uses allowed only with a conditional use permit. The following uses and activities are allowed within a wetland buffer only if a conditional use permit is obtained in accordance with Subsection F above:

Uses allowed without a conditional use permit. The following uses and activities are allowed within a wetland buffer with the noted conditions:

The dwelling(s) lawfully existed prior to the effective date of this section.

The proposed construction conforms to all other applicable ordinances and regulations of the City of Dover and any required State of New Hampshire dredge and fill permit is obtained.

The design and construction of the proposed use will be done in a manner which minimizes the impacts on the affected wetland, including storage of excavation and construction material outside the wetland and installation of siltation fence and/or hay bales to contain erosion of the construction site.

The lot for which an approval/permit is sought was an official lot of record, as recorded in the Strafford County Registry of Deeds, prior to the date on which this amendment was posted and published in the City.

The structure for which the approval/permit is sought cannot be feasibly built on a portion or portions of the lot which are outside the Wetlands Protection District.

Due to the provisions of the Wetlands Protection District, no reasonable and economically viable use of the lot can be made without the exemption.

The design and construction of the proposed structure will, to the extent practical, be consistent with the purpose and intent of this section.

The proposed structure will not create a hazard to individual or public health, safety and welfare due to the loss of wetland, the contamination of groundwater or other reason.

The design and construction of the proposed structure will be done in a manner which minimizes the impacts on the affected wetland, including storage of excavation and construction material outside the wetland and installation of siltation fence and/or hay bales to contain erosion of the construction site.

If the units created are purchased, the receiving area may be any zoning district that allows residential development.

The determination of whether a proposed TDR project requires a sketch plan review shall be made by the Director of Planning and Community Development based on initial discussions with the applicant. The determination, made in writing, shall be made prior to the submittal of any plans and shall specify the Director's reasoning, including a review of known conditions, including: traffic, existing layout/topography, environmental. This determination shall be included in the staff report to the Board. If the applicant does not agree with the Director's determination, they may appeal the decision to the Board at its next meeting.

If the sketch plan requires an environmental conditional use permit to develop homes, the applicant must appear before the Conservation Commission for review and endorsement prior to the Planning Board's review.

Single-family detached method.

Single-family, two-family, three-family, and four or more method.

Is consistent with the Master Plan.

Is compatible with the land uses on neighboring lots (e.g., a multifamily building fits in within a single-family neighborhood). The applicant shall provide in their narrative an explanation of their neighborhood analysis.

Is created on property served by public water and sanitary sewer.

Any relief sought should not be caused by the additional density.[1]

The applicant demonstrates that the development complies with the design guidelines that are outlined in § 153-16 of the Site Review Regulations. These guidelines encourage a context-sensitive development, which encourages components that act as one project and not as two adjacent projects.

The applicant demonstrates that the development poses no detrimental effects on surrounding properties. Potential areas of impact that need to be analyzed include, but are not limited to, vehicular traffic, noise, property value, visual blight, natural resources degradation, light pollution, and offensive emissions such as dust, odor, or smoke.

The applicant shall submit a fiscal impact analysis as defined in § 157-21C(1)(b) of the Land Subdivision Regulations. The analysis shall demonstrate that the project is at least a cost-neutral project for the City at present and 10 years from the occupation.

Housing:

Public and private utilities.

Nonresidential uses as allowed as follows:

Recreational facilities.

"Community building," defined as a building used as a place of meeting, recreation or social activity typically for use by the residents of a particular development.

Maintenance buildings.

Rental and sales offices.

If units are restricted so that the rent of said units conforms to the HUD Fair Market Rent rates, for Dover, published annually by the New Hampshire Housing Finance Authority, there shall be no density for said unit(s).

Construction of structures;

Environmental remediation;

Site preparation or demolition;

Roadway utility or recreation and common area design and construction; and

Bonding or other security for site development.

The developer shall be permitted to allocate permitted density among internal dwelling lots in a flexible and creative manner. The sum total of the permitted density shall not exceed the permitted density of the development lot or legal lot, unless the additional density is derived from § 170-29, Transfer of development rights. Layouts may include individual lots or a cluster of units without lot lines.

Dwelling layouts shall be so designed that parking is screened from external roadways by garages, building locations, grading or screening. Major topographical changes or removal of existing trees shall be avoided wherever possible, and water, wetlands, and other scenic views from the external streets shall be preserved as much as possible.

Where possible, it is desirable and encouraged to mix residential and nonresidential uses. This may be achieved through situating the buildings close to each other, or though allowing structures to house residential, preferably on the second or above floor, with nonresidential on the first floor. Creativity and flexibility is encouraged, and the development plan may offer another option for mixing uses.

All residential development must adhere to architectural design guidelines. Said standards will reflect a New England village motif and include structures with peaked roofs and architectural shingles. The guidelines for this development are included in Chapter 153, Site Review Regulations, § 153-16.

All manufactured homes shall adhere to the standards outlined in Chapter 101, Manufactured Home Parks, with the exception of §§ 101-3, 101-4, 101-5, 101-6, and 101-7F, which shall be controlled by the provisions hereof and unless noted below. Where there is a difference in the requirements between this overlay district and the provisions of Chapter 101, Manufactured Home Parks, the provisions of the overlay district shall apply.

The general character of the nonresidential structures within the development lot is intended to be a pedestrian-friendly setting, with emphasis on the natural characteristics of the site. The site design should create a sense of character and cohesiveness through landscaping, facade treatment, and signage.

The guidelines for this development are included in Chapter 153, Site Review Regulations, § 153-16.

Minimum internal right-of-way.

Minimum pavement width.

Minimum tangent length at intersections: 75 feet.

Maximum street angle at intersections: 60°.

Minimum center-line radius: 100 feet.

Minimum tangent length between reverse curves: 50 feet.

Nonresidential/mixed-use buildings.

Residential dwellings.

There shall be no minimum lot size or frontage for internal lots created.

All dwelling units shall require two independently accessible parking spaces per unit, except that the congregate-care and nursing-home requirements shall be as otherwise defined by this chapter. Nonresidential uses shall comply with parking requirements defined by this chapter.

Overnight parking shall not be permitted on internal roadways.

Parking shall be utilized and available to all components of the development plan, through the recording of access and parking easements.

Construction, operation, and maintenance of wells, dams and water conservation apparatus.

Conservation, education and recreational activities which do not cause erosion or necessitate the application of chemicals.

Forestry and agricultural uses, provided that fertilizers, herbicides, pesticides, manure and other leachables are not used or stored within said zone.

Maintenance and repair of any existing structure, provided that there is no increase in the area of impermeable surfaces.

Disposal or storage of solid waste that contains leachable toxic substances, except for temporary storage awaiting removal, provided that it is stored in a manner that avoids leaching and runoff.

Disposal or storage of liquid waste, except for normal sanitary waste disposal from a domestic septic system approved in compliance with New Hampshire Department of Environmental Services (NHDES) Regulations, which may require a groundwater discharge permit under RSA 485-A:13. Land application of wastewater residuals (sewage sludge) subject to regulation under NHDES Rules Env-Wq 800 to 811 is prohibited.

All on-site handling, disposal, storage or recycling of solid or liquid waste and hazardous or toxic materials, as defined in RSA 147-A, except for the temporary storage of such materials when they are incidental to or by-products of a manufacturing process. Such materials are to be stored and removed in accordance with Chapter 153, Site Review Regulations, and other applicable state and federal regulations.

Junkyard or salvage yard.

Motor vehicle service or repair shops, except as a customary accessory use designed to provide routine service to the vehicles operated by the principal use.

Storage of petroleum or related products, exempting such products when they are a part of Subsection D(2)(c) or (e) above and exempting normal heating oil. Notwithstanding, the facilities for storing and handling such products shall be designed to avoid groundwater contamination and shall be proposed for review and approval prior to construction.

Storage of road salt and other deicers, except in a shelter constructed to avoid leaching and runoff for use on site.

The dumping of snow containing road salt or other deicers brought in from outside the groundwater protection zone.

Industrial uses that discharge contaminated wastewater on site.

Animal feedlots.

Commercial storage of manure, fertilizers, herbicides, pesticides or other leachables, except for the temporary storage of such material when it is incidental to the principal use and stored in a manner that avoids leaching and runoff.

The use of wood piling treated with creosote or other preservative.

General service and repair shops, including, but not limited to, furniture stripping, painting, and refinishing; photographic processing; printing; appliance and small engine repair; boat repair, service and refinishing; and refrigeration, heating, ventilating and air-conditioning shops.

Metalworking shops, including, but not limited to, machine shops; metal plating shops; heat-treating shops; smelting shops; and jewelry-making shops.

Manufacturing facilities, including, but not limited to, electronics and chemical manufacturing, processing, and reclamation; paper, leather, plastic, fiberglass, rubber, silicon and glass making; pharmaceutical production; pesticide manufacturing; and chemical preservation of wood and wood products.

Laboratories and professional medical offices, including, but not limited to, medical, dental, and veterinary offices; and research and analytical laboratories.

Cleaning services, including, but not limited to, dry cleaner; laundromats; beauty salons; and car washes.

Construction, operation and maintenance of wells, dams, and water conservation apparatus.

Conservation, education and recreational activities which do not cause erosion or necessitate the application of chemicals.

Forestry and agricultural uses, provided that fertilizers, herbicides, pesticides, manure and other leachables are not commercially stored within said zone.

All land uses permitted in the applicable underlying zoning district, provided that they are not expressly prohibited in Subsection D(2) or (3) above.

Post-development infiltration volumes shall be no greater than predevelopment volumes as determined by use of the Development Review Model described in Subsection G below.

Stormwater shall be treated by use of a stormwater treatment system designed to remove no less than 80% of the annual load of total suspended solids. The removal rate shall be accomplished using best management practices installed in advance of the final infiltration system.

No stormwater infiltration system shall be located within the 50-day travel time of an existing or proposed municipal well as depicted on the map referenced in Subsection B above. In absence of a defined 50-day-travel-time radius, the applicant shall submit a technical evaluation from a professional engineer, hydrologist or geologist that documents that the proposed discharge is consistent with the stated purpose and intent of this requirement.

Sand and gravel extraction operations shall not excavate below an elevation four feet above the seasonal high-water table observed when the associated water supply well has not been operating for at least two weeks prior to the date of measurement. The operator of the sand and gravel extraction operation shall prepare for the City an annual report documenting compliance with the requirements of this section. Pursuant to RSA 155-E:11, II, the requirements of this subsection may be waived if the applicant demonstrates that such excavation will not adversely affect water quality and that written notice of such exception shall be recorded in the Registry of Deeds, and one copy filed with the New Hampshire Department of Environmental Services.

Pursuant to Chapter 81, Fire Prevention and Life Safety, § 81-24, on-premises use of heating oil tank facilities shall comply with the provisions of the National Fire Protection Association Standard NFPA 31, Installation of Oil-Burning Equipment.