Dover City Zoning Code
ARTICLE VIII
Overriding Districts
§ 170-26 Additional regulations.
All overriding districts shall be superimposed upon other zoning districts established in this chapter. The regulations stipulated by the overriding districts shall be in addition to the regulations of the underlying zoning districts and other applicable City ordinances.
§ 170-27 Conservation District.
[Amended 6-22-2016 by Ord. No. 2016.06.08-010]
A.
Purpose. In the interest of environmental quality, public health, resource conservation and the general welfare of the public, the regulations of this district are designed to guide development activities in areas with extended periods of high-water table, with susceptibility to flooding and with unique or fragile geologic, ecological or nature features as follows:
(1)
To prevent the development of structures and land uses on naturally occurring wetlands and flood-prone areas which would contribute to pollution of surface water and groundwater by sewage or other contaminants.
(2)
To prevent the destruction of natural wetlands or aquifer areas which provide flood protection, recharge of groundwater supply and augmentation of stream flow during dry periods.
(3)
To prevent unnecessary or excessive expenses to the City to provide and maintain essential services and utilities which arise because of inharmonious use of wetlands and other environmentally sensitive areas.
(4)
To encourage those uses that can be most appropriately and safely located in wetland and other environmentally sensitive areas.
(5)
To preserve existing natural drainage systems and the vegetation and wildlife habitats therein.
(6)
To preserve wetlands and other environmentally sensitive areas for other ecological reasons, inter alia, those cited in RSA 483-B.
(7)
To preserve and enhance those aesthetic values associated with waterways and the natural shoreline.
(8)
To protect public health and safety by minimizing hazards, including soil erosion, stormwater runoff, slope instability risks, and environmental degradation, associated with development on steep and/or unstable slopes.
B.
Location. The Conservation District is hereby determined to consist of the following:
(1)
Those areas within a minimum of 100 feet of the reference line (as defined in RSA 483-B:4, XVII) of any water body, river, stream, swamp or marsh subject to tidal action and those areas within a minimum of 100 feet of the reference line (as defined in RSA 483-B:4, XVII) of any freshwater river or natural pond.
(2)
Those areas within a minimum of 50 feet of the reference line (as defined in RSA 483-B:4, XVII) of any stream, brook or other freshwater body.
(3)
Those areas owned by and situated in the City of Dover and known as lots Map 28, Lot 32; Map D, Lot 1; Map C, Lots 5, 7 and 12; Map H, Lots 58 and 63; Map 40, Lots 10A, 13, and 17; Map F, Lots 14 and 42; Map A, Lot 29A-1; and Map 37, Lot 40.
(4)
Those areas with slopes in excess of 20% [e.g., four feet vertical in twenty feet horizontal distance) and totaling more than 2,000 square feet of contiguous area.
C.
Conditional use permits. Conditional use permits may be granted by the Planning Board for the following uses within the Conservation District:
(1)
Streets, roads and other accessways and utility rights-of-way, communications equipment, and easements, including power lines and pipelines, if essential to the productive use of land not so zoned and if so located and constructed as to minimize any detrimental impact of such uses upon the wetlands or other environmentally sensitive areas, where it is physically impossible to locate such ways over land not so zoned. Economic advantage alone shall not be deemed a sufficient reason for such a routing.
(2)
The undertaking of a use not otherwise permitted in the Conservation District, which may include the erection of a structure, dredging, filling, draining or otherwise altering the surface configuration of the land, provided that:
(a)
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.
(b)
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:
[1]
Stabilization of exposed soils and soil stockpiles;
[2]
Protection of steep slopes from erosion;
[3]
Construction site waste management;
[4]
Inspection and maintenance of runoff control measures (BMPs);
[5]
Minimization of land clearing;
[6]
Stabilization of drainageways;
[7]
Installation of perimeter controls;
[8]
Installation of sediment trapping devices; and
[9]
Storm drain inlet protection.
(c)
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.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(d)
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:
D.
Procedures for subdivision. No subdivision of land shall be permitted which would create a lot or parcel or leave as a remainder a lot or parcel which does not have, outside the Conservation District, an area equal to the minimum lot size required for the underlying zoning district, unless such a lot or parcel is to be permanently dedicated to open space or natural uses and is to be dedicated to a public or private agency having as a purpose the holding of such land in a natural state in perpetuity. The lot area outside of the Conservation District may be noncontiguous.
[Amended 8-22-2018 by Ord. No. 2018.08.08-009]
E.
Other provisions.
[Amended 8-22-2018 by Ord. No. 2018.08.08-009]
(1)
Reference is hereby made to RSA 483-B, the Comprehensive Shoreland Protection Act, which evidences a state concern over preservation of such lands. It is intended that the provisions of that statute shall apply and that in all cases, the more restrictive law should apply.
(2)
In all cases where the Conservation District is superimposed over another zoning district in the City, that district whose regulations are the more restrictive shall apply.
(3)
The Conservation District adopted herein is hereby designated as open space under RSA 79-A, and all relevant provisions of RSA 79-A relating to current use assessment of such property shall apply.
(4)
The provisions of RSA 483-B:9, V(a), shall apply to the portions of the Conservation District as described in Subsection B(1) and (2) that are within 50 feet of the reference line (as defined in RSA 483-B:4, XVII). Limitations include restrictions on chemical and fertilizer use, preservation of rocks and stumps and their root systems, and restrictions on removal of ground cover, trees and saplings.
(5)
The provisions of RSA 483-B:9, V(b), shall apply to the portion of the Conservation District as described in Subsection B(1) that is between 50 and 100 feet of the reference line (as defined in RSA 483-B:4, XVII). Limitations include restrictions on the amount of vegetation that can be removed within the area.
(6)
Upon the discretion of the Building Inspector, a structure may be erected within the Conservation District as described in Subsection B(1) up to but never closer than 75 feet to the reference line (as defined in RSA 483-B:4, XVII), provided that:
(a)
The lot existed within the Conservation District, as recorded in the Strafford County Registry of Deeds, prior to the effective date of this subsection.
(b)
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.
(7)
Customary accessory structures shall be allowed within the Conservation District as described in Subsection B(1) but in no case closer than 75 feet to the reference line (as defined in RSA 483-B:4, XVII).
(8)
Projects which have been officially accepted by the Planning Board prior to the October 10, 1986, amendment posting date shall be exempt of all revisions herein.
(9)
The Planning Board may assess the applicant reasonable fees to cover the costs of special investigative studies and for the review of documents required by applications.
(10)
The City shall have the power to enforce this section, and violations may be punishable by fines as provided by RSA 676:17.
F.
The provisions of the Conservation District adopted herein shall not be binding on Cochecho waterfront lots located in Urban Exemption Area, as approved by the New Hampshire Department of Environmental Services Commissioner on August 4, 2008, per File No. 2008-2000372. (See map on file in the Planning and Community Development Department.)
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
G.
Boat docks. A boat dock may be allowed on a residential lot, provided that the following provisions are met:
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(1)
The dock is for recreational and accessory use only.
(2)
One dock is allowed per lot.
(3)
The beneficiary of an easement or right-of-way, recorded at the Strafford County Registry of Deeds prior to the October 10, 1986, amendment posting date for the purpose of providing water access to nonwaterfront lots, shall be entitled to one boat dock within the prescribed easement or right-of-way.
(4)
All applicable state and federal approvals have been received.
(5)
A dock may be provided a maximum space for two slips. Joint use of private docks by adjoining waterfront residents, not to exceed two slips per lot, shall be encouraged when appropriate.
§ 170-28 Wetland Protection District.
A.
Authority. By the authority granted under RSA 674:16 and 674:17, this section is designed to protect the wetland areas and surface waters within the City of Dover from certain activities, the impact of which results in the alteration or destruction of wetland areas.
B.
Purpose and intent. It is intended that this section shall:
(1)
Prevent the development of structures and land uses on wetlands which will contribute to pollution of surface water and groundwater by sewage, toxic substances or sedimentation.
(2)
Prevent the destruction of, or significant changes to, wetlands which provide critical functions and values including but not limited to: flood protection, habitat for wildlife dependent on wetlands, enhance water quality (nutrient trapping/retention/transformation and sediment trapping), protect ecological integrity, recharge the groundwater supply and augment stream flow during dry periods and filtration of water flowing into ponds and streams.
[Amended 8-9-2023 by Ord. No. 2023.07.12-008]
(3)
Avoid and minimize impacts to wetlands and wetland buffers to the maximum extent practicable and, when impacts are unavoidable, minimize impacts to the greatest extent practicable.
[Added 10-13-2021 by Ord. No. 2021.09.08-006]
(4)
Protect unique and unusual natural areas and rare, threatened, and endangered species.
(5)
Protect wildlife habitats, maintain ecological balances and enhance ecological values such as those cited in RSA 482-A:1.
(6)
Protect potential water supplies and existing aquifers (water-bearing stratum) and aquifer recharge areas.
(7)
Prevent unnecessary or excessive expense to the City for the purpose of providing and/or maintaining essential services and utilities, which might be required as a result of misuse or abuse of wetlands.
(8)
Encourage those low-intensity uses that can be harmoniously, appropriately and safely located in wetlands.
(9)
Preserve and enhance the aesthetic values associated with wetlands in the City of Dover.
(10)
Avoid the high costs of constructing heavy structures and prevent damage to structures and abutting properties caused by inappropriate development in wetland areas.
C.
District boundaries.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006; 10-13-2021 by Ord. No. 2021.09.08-006]
(1)
The Wetlands Protection District is hereby determined to be all areas of wetlands. A "wetland" means an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal conditions does support, a prevalence of vegetation typically adapted for life in saturated soil conditions.
(2)
"Hydrophytic (water-loving) vegetation" is defined as those plants identified in the 2018 Wetland Plant List Northeast Region of the United States Fish and Wildlife Service. The more common names associated with these vegetative communities are "bogs," "swamps," "marshes" (saltwater and freshwater) and "tidal wetlands."
D.
Procedural requirements.
(1)
Presence of Wetland Protection District on site.
(a)
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.
[Amended 9-11-2019 by Ord. No. 2019.08.28-012; 7-22-2020 by Ord. No. 2020.07.08-006; 10-13-2021 by Ord. No. 2021.09.08-006]
(b)
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.
(c)
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.
(2)
The Planning and Community Development Department shall notify the Conservation Commission of all projects and construction proposed in wetland districts for the purpose of allowing the Commission to make recommendations prior to approval. Consistent with RSA 482-A:11, III, the Conservation Commission shall have up to 40 days to make recommendations relative to a standard wetlands impact application and up to 21 days to make recommendations relative to an expedited permit per RSA 482-A:11, III(b)(1). The Conservation Commission, in acting on an application for a conditional use permit in the Wetlands Protection District, may attach conditions to its recommendations, including but not limited to recommendations for more extensive buffers, additional plantings in areas to be revegetated, performance guarantees, impact mitigation measures, and a reduction in proposed impervious surfaces.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006; 10-13-2021 by Ord. No. 2021.09.08-006]
(3)
In the event that the accuracy of the boundaries submitted by the applicant is suspect, the Planning Board may call upon the services of a certified wetlands scientist and/or botanist to reexamine said area and report the findings to the Planning Board for a boundary determination. The applicant shall pay the cost of said services.
(4)
The Building Inspector shall not issue a building permit for construction and the Planning Board shall not approve a site plan or subdivision plat unless such construction activity or proposal conforms to the provisions of this chapter.
(5)
Standards established herein shall constitute the rules of overlay zones and shall be superimposed over other zoning districts or portions thereof. The provisions herein shall apply in addition to all other applicable ordinances and regulations. In the event of a conflict between any provision herein and any other regulation, the more restrictive requirement shall control.
(6)
The City shall have the power to enforce this section, and violations may be punishable by fines as provided by RSA 676:17.
E.
Permitted uses. Any use otherwise permitted by this chapter, except on-site sewage disposal systems, may be permitted in a Wetland Protection District. Any use permitted under Subsection E must first receive conditional use approval, as provided for in Subsection F, before any building permit or subdivision/site plan can be approved.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(2)
The construction or reconstruction of fences, footbridges, catwalks, boat docks and wharves does not require a conditional use permit, provided that:
(a)
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).
[Amended 10-13-2021 by Ord. No. 2021.09.08-006]
(b)
The natural contour of the wetland is preserved.
(c)
All other applicable provisions of the this chapter have been met.
F.
Conditional use approval.
(1)
Conditional use approval may be granted by the Planning Board (RSA 674:21, II) after proper public notice and public hearing, for construction within the Wetland Protection District or buffer. Said construction may include, but is not limited to, a road or other accessway, utility right-of-way, communication lines, power lines and pipelines, structures, and parking lots, provided that the proposed construction complies with the following standards:
(a)
Practicable alternative. There is no practicable alternative that would have a less adverse impact on the area.
[Amended 10-13-2021 by Ord. No. 2021.09.08-006]
(b)
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.
(c)
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.
(d)
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.
(e)
Approval for the wetlands impact has been received from the New Hampshire Department of Environmental Services Wetlands Bureau pursuant to Section G(3) below.
(f)
To assess and summarize the wetlands' functions and values as denoted in the NH Method and § 170-28B(2).
[Added 8-9-2023 by Ord. No. 2023.07.12-008]
(3)
The conditional use approval shall apply only to the project specified at the time of approval and shall not be transferable to a different project.
(4)
If deemed necessary by the Planning Board, prior to the granting of a conditional use approval, the applicant shall agree to submit a performance security to ensure that all operations are carried out in accordance with an approved design. This security shall be submitted in an amount sufficient to complete all specified work and repair damage to any wetland area in which no work has been authorized. The security shall be submitted in an amount, with surety and conditions, satisfactory to the Planning Board. The security shall be submitted and approved prior to issuance of any permit authorizing construction.
(5)
The Planning Board may assess the applicant reasonable fees to cover the costs of special investigative studies and for the review of documents required by applications.
G.
Specific provisions.
(1)
Wetland buffers.
(a)
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.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006]
(b)
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.
(c)
Certain uses prohibited in buffers. The following uses and activities are prohibited within a wetland buffer:
[1]
The establishment or expansion of salt storage, junkyards, resource recovery facilities, transfer stations, landfills, or solid or hazardous waste facilities.
[2]
The bulk storage of chemicals, petroleum products, or toxic and hazardous materials.
[3]
The dumping or disposal of snow and ice collected from roadways and parking lots.
(d)
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:
[2]
The erection or construction of a building or structure, excluding fences, that meets the requirements of § 170-51, or the construction of parking lots or loading areas.
[3]
Timber harvesting, except as conducted in accordance with the terms and provisions of RSA 227-J, Timber Harvesting.
[4]
The removal of stumps and roots (grubbing), the recontouring or grading of the land, or the placement of impervious surfaces or creation of stormwater detention ponds.
[5]
The installation of water, sewer, or buried electrical or telecommunications cables.
[6]
The installation of water supply wells.
(e)
Uses allowed without a conditional use permit. The following uses and activities are allowed within a wetland buffer with the noted conditions:
[1]
Activities within wetlands jurisdictional areas that are allowed without a State of New Hampshire dredge and fill permit, in accordance with New Hampshire Department of Environmental Services (NHDES) Rules Env-Wt 308.01(a) and 308.02, repair of an existing legal structure, or successor rules.
[Amended 10-13-2021 by Ord. No. 2021.09.08-006]
[2]
The removal of vegetation in accordance with NHDES Rules Env-Wt 309.02(a), or successor rules, provided the roots of the vegetation are not disturbed and the ground is frozen or sufficiently dry to avoid making ruts.
[Amended 10-13-2021 by Ord. No. 2021.09.08-006]
[3]
The installation of monitoring or test wells or geotechnical borings completed in accordance with NHDES Rules Env-Wt 309.02(i) or successor rules.
[Amended 10-13-2021 by Ord. No. 2021.09.08-006]
(2)
No septic tank or leach field may be constructed or enlarged closer than 75 feet to any Wetland Protection District. In new subdivisions approved subsequent to adoption of this section, there must be sufficient lot size to place a house, a state-approved septic system, where applicable, and a state-approved well, where applicable, without locating them in a wetland. This provision can be waived if a conditional use approval is obtained from the Planning Board.
(3)
A state dredge and fill application shall be submitted for any proposed change to a wetland (RSA 482-A).
H.
Filled lands and preexisting uses.
(1)
Lands which may have been wetlands but were filled under properly issued federal, state and local permits granted prior to the adoption of this section will be judged according to the soils and flora existing at the time the application for building permit or subdivision is made.
I.
Exemption for one- and two-family residential structures, existing lots, impoundments and maintenance dredging.
(1)
Notwithstanding other provisions of this chapter, the construction of additions and/or extensions to one- and two-family dwellings shall be permitted within the Wetlands Protection District or buffer, provided that:
(a)
The dwelling(s) lawfully existed prior to the effective date of this section.
(b)
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.
(c)
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.
(2)
Notwithstanding other provisions of this section, a new one- or two-family dwelling shall be permitted in the Wetlands Protection District or buffer, on an existing lot, provided that all of the following conditions are found to exist:
(a)
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.
(b)
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.
(c)
Due to the provisions of the Wetlands Protection District, no reasonable and economically viable use of the lot can be made without the exemption.
(d)
The design and construction of the proposed structure will, to the extent practical, be consistent with the purpose and intent of this section.
(e)
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.
(f)
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.
(3)
Maintenance dredging for navigational purposes (where a dredge spoil site has been approved by the Planning Board) is exempt from the regulations stated herein. Notwithstanding, copies of permits where required by the New Hampshire Department of Environmental Services and the United States Army Corps of Engineers shall be submitted to the Planning Board prior to construction.
J.
Severability. Should any provision of this section be declared invalid by a final court decision, the same shall not affect the validity of this section as a whole or part thereof, other than the part declared to be invalid.
§ 170-29 Transfer of development rights.
[Amended 8-22-2018 by Ord. No. 2018.08.08-009; 9-11-2019 by Ord. No. 2019.08.28-012; 7-22-2020 by Ord. No. 2020.07.08-007; 10-13-2021 by Ord. No. 2021.09.08-006; 8-9-2023 by Ord. No. 2023.07.12-008; 10-8-2025 by Ord. No. 2025.09.24-2]
A.
Authority. By the authority granted under RSA 674:21, this section creates overlay district(s) for the purpose of transferring development rights (TDR) within said districts.
B.
Purpose and intent. Within the City of Dover, there are certain lands that possess significant conservation features, including but not limited to unsuitable development areas, groundwater recharge zones, forested areas, wildlife habitat, farmland, scenic view sheds, historic landmarks, and linkages to other such areas. Because of their unique assemblages of flora and fauna and their significant contribution to the ecological system and/or the cultural identity of our community, these lands are worthy of special protection. The City of Dover, furthermore, has a limited supply of land suitable for development. The purpose of this overriding district is to promote intensive development on the developable land possessing the least conservation value and to permanently protect lands possessing significant conservation features that provide unique values in their undisturbed condition. Additionally, it is recognized that the City of Dover has an Open Lands Committee and Conservation Commission which is active in protecting and preserving open space.
C.
Applicability. Upon request by an applicant for development approval and at the discretion of the Planning Board, the provisions of this section may apply to the district(s) defined in Subsection D below.
D.
Districts defined.
(1)
The Industrial TDR District is hereby determined to be any IT or CM Zoning District as shown on the Zoning Map for the City of Dover, New Hampshire, adopted September 11, 2019. The "sending area" is defined to be open space and related setbacks as defined by the City of Dover Wetland Protection District, § 170-28, which are located in any IT or CM Zoning District. The "receiving area" is defined to be all remaining land in be any IT or CM Zoning District.
(2)
The Residential TDR District is hereby determined to be residential districts noted or displayed on the Zoning Map for the City of Dover, New Hampshire, adopted September 11, 2019. The "sending area" is defined to be any land preserved by the City of Dover through conservation programs in the R-40 or R-20 residential zoning districts. The "receiving area" is defined to be all non-R-40 or -R-20 zoning districts east of the Spaulding Turnpike which allow residential development.
(a)
If the units created are purchased, the receiving area may be any zoning district that allows residential development.
E.
Procedural requirements.
(1)
At the discretion of the Planning Board, an applicant for development approval within the receiving area of the defined Industrial TDR district may apply the performance standards specified in Subsection F below in return for the acquisition of land or development rights from the sending area within the same TDR district. The performance standards for the Residential TDR district are outlined in Subsection G below.
(2)
A certified boundary survey of the associated land in the sending area shall be submitted as a supplement to the site plan or subdivision plan for development within the receiving area.
(3)
The owner of the subject open space within the sending area of the TDR district shall sign all application materials as a co-applicant of the development application. For residential application, proof of an agreement to sell development rights must be provided by the Conservation Commission.
(4)
A sketch plan estimating layout of the development site and identifying the open space associated with the plan may be submitted to the Planning Board for review at a regularly scheduled meeting. The Planning Board, within 30 days of its review of the sketch plan, shall determine if waivers will be granted as allowed in Subsections F and G below. Waivers shall be reviewed using the same criteria as are used for site plan waivers. Following this decision, a final application is prepared. The final application for development approval shall be reviewed in accordance with the standard plan review process and subjected to all applicable development regulations, except as provided in this section.
(a)
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.
(b)
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.
(5)
A perpetual easement or restrictive covenant shall be recorded at the Strafford County Registry of Deeds that preserves the designated open space within the sending area. Said easement or covenant may allow for the continuance of existing residential and agricultural activities, and may allow for utility and access crossings in accordance with Subsection H below. The designation of the land protection agency to hold the easement shall be approved by the Planning Board.
F.
Industrial performance standards.
(1)
Land within a sending area, when surveyed, approved by the Planning Board and preserved by easement or covenant as specified in Subsection E, above, may be counted for the open space requirement for a development site in a receiving area. The amount of land preserved in a sending area shall equal or exceed the open space requirement for the development site, but in no case be less than one acre. Notwithstanding, development sites within the IT and CM Zoning Districts shall maintain open space or landscaped area on at least 10% of the site. The design of the development site shall locate the open space or landscaped area to maximize the aesthetic value of the site.
(2)
The minimum lot size requirement may be waived by the Planning Board for land subjected to the transfer of development rights.
(3)
The minimum frontage requirement may be waived by the Planning Board for land subjected to the transfer of development rights, provided that paved access to all developed areas suitable for emergency vehicles is approved by the Planning Board.
(4)
Setbacks for parking, paved areas, and buildings may be waived by the Planning Board and be consistent with the intent to promote intensive development of suitable development sites. Notwithstanding, buildings shall be at least 150 feet from residential structures that exist on the date of enactment of the IT and CM Zoning Districts, and 75 feet from the lot line of a disagreeing residential abutter.
(5)
The developer shall record covenants that address architectural considerations for structures, signage and lighting that are designed to promote the highest possible aesthetic quality of the development site.
(6)
A landscaping plan shall be submitted with a development application that depicts landscaping or open space around the perimeter of the site, near the proposed buildings, and within the parking lot that promotes the highest possible aesthetic quality of the development.
G.
Residential performance standards.
(1)
Annually, the City shall update a document identifying the cost per acre spent to preserve open space within the City of Dover. This list shall be kept on file in the Department of Planning and Community Development and coordinated with the Conservation Commission. This cost shall become the value at which development rights may be purchased.
(2)
Proceeds from the purchase of development rights shall be placed into the Conservation Fund to be used to purchase future property or easements, or monitor easements, and not into the general fund.
(3)
A residential transfer of development rights applicant may pursue one of the following methods for transferring development rights.
(a)
Single-family detached method.
[1]
An applicant shall develop a baseline yield for the lot to be developed through the following formula:
[a]
The square footage of the parent lot minus unsuitable areas is the base lot size.
[b]
The base lot size is then reduced by 15% to account for roadway; this creates the net area.
[c]
The net area is then multiplied by a factor determined by the amount of unsuitable development area over the parent lot. This is the developable area.
Percentage of Parcel That Is Unsuitable Development Area | Factor |
|---|---|
0% to < 10% | 0.85 |
10% to < 20% | 0.8 |
20% to < 30% | 0.75 |
30% | 0.7 |
[d]
The developable area is then divided by the minimum lot size, and the whole number value is the base number, with no rounding.
[i]
This base number is not required to be restricted by the requirements in Subsection G(3)(a)[3], unless the formula defined in Subsection G[2][a] is utilized.
[e]
The development plan shall be laid out in a design that meets the requirements for block length and cul-de-sac length.
[2]
The transfer shall equate to one of the following calculations:
[a]
For construction of units no larger than 600 square feet of total living area, including the base calculated units, there shall be no density limit. The monthly cost of said units shall conform to the HUD Fair Market Rent rates, for Dover, published annually by the New Hampshire Housing Finance Authority, and there shall be no TDR fee collected for said unit(s).
[b]
For construction of units no larger than 1,000 square feet of total living area, two units per development right purchased shall be allowed.
[c]
For construction of units no larger than 1,400 square feet of total living area, one unit per development right purchased shall be allowed. The unit count shall be the whole number value and not rounded up.
[i]
Total living area shall mean the size of the home (in square feet) based upon the exterior dimensions, excluding unconditioned spaces.
[3]
The units created through the transfer must be:
[a]
Limited to the square footage originally constructed.
[4]
A note shall be placed on the approved plan, and any building permit shall note the adherence to this section of the Code.
[5]
A note shall be placed in the property/unit deed citing the restrictions listed above.
[6]
The plan shall be considered a subdivision application. Prior to submission, a determination by the Director of Planning and Community Development shall be made whether to follow the minor or major subdivision regulations.
(b)
Single-family, two-family, three-family, and four or more method.
[1]
The transfer may be through the purchase of development rights, as described in Subsection G(1), or through the protection of land via a permanent conservation easement as per Subsection E(5).
[a]
In mixed-use or multifamily zones, the base density shall be derived from the underlying zoning, and not through a formula.
[b]
If the additional unit(s) resulting from TDR is restricted so that the rent of said unit(s) conforms to the HUD Fair Market Rent rates, for Dover, published annually by the New Hampshire Housing Finance Authority, there shall be no fee collected for said unit(s).
[2]
The transfer shall equate to one unit per acre preserved or purchased. If the end result is a village-themed residential/nonresidential project, whereby 35% of the square footage being created is nonresidential, the transfer shall equate to one unit per 2,500 square feet preserved or purchased.
[3]
Any development approved by the Planning Board after July 1, 2020, which will create a manufacturing or assembly facility over 40,000 square feet may create and transfer one unit per 2,000 square feet of building approved, above the 40,000 square foot base. The transfer shall not be completed prior to the issuance of the certificate of occupancy for the additional space.
[a]
If the units are to be placed upon the same lot, the layout must be shown on the site plan for the development.
[4]
The plan shall be treated as a site plan application, unless otherwise determined by the Director of Planning and Community Development, prior to final submission.
(4)
Regardless of the method utilized, the minimum lot size requirement may be waived by the Planning Board for land subjected to the transfer of development rights.
(5)
Regardless of the method utilized, the setbacks shall be:
Minimum Building Setbacks for Subdivision Lots | ||
|---|---|---|
Abutting a Street | Abutting a Side Lot Line | Abutting a Rear Lot Line |
20 feet | 10 feet | 30 feet |
(6)
Regardless of the method utilized, the minimum frontage requirement may be waived by the Planning Board, to no less than 40 feet. Paved access to all developed areas shall be suitable for emergency vehicles.
(7)
A continuous visual buffer shall be created along the perimeter of the parent parcel, which shall include a thirty-foot no cut, no disturb buffer.
(8)
Regardless of the method utilized, any other provision in this chapter to the contrary, the density or intensity of development of a receiving parcel may be increased by the transfer of development rights so long as the increase in density or intensity meets the following criteria and a narrative is submitted indicating how those criteria are met:
(a)
Is consistent with the Master Plan.
(b)
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.
(c)
Is created on property served by public water and sanitary sewer.
§ 170-30 Urban Renewal District.
The regulatory provisions contained in the so-called "Land Use Provisions and Building Requirements" for the Downtown Dover Urban Renewal Project No. 1 shall apply to the project area, as approved by the Dover City Council.
§ 170-31 Riverfront Residential Overlay District.
A.
Purpose. The purpose of this section is to promote the public health, safety and general welfare by protecting the shorelands which are valuable and fragile natural resources essential to maintain the integrity of public waters. By adopting this section, the City is striving to avoid uncoordinated, unplanned and piecemeal development of shorelands which could significantly impact public waters.
B.
Location of district. The Riverfront Residential Overlay District is an overlay district that includes all land located within 250 feet of the reference line (as defined by RSA 483-B:4, XVII) of any tidal water body or tidal river in a single-family residential district (R-12, R-20, and R-40).
C.
Minimum lot size requirement. The minimum lot size for a lot within the Riverfront Residential Overlay District shall be three times the minimum lot size required by § 170-12, Applicability of Table of Dimensional Regulations by District, for the underlying zoning district, but land classified as wetlands can be included for up to 50% of the minimum lot area required in this district.
D.
Minimum shoreland frontage requirement. Any new lot created within the district shall provide a minimum of 150 feet of river shoreland frontage per dwelling unit for lots dependent on septic systems and a minimum of 100 feet of river shoreland frontage per dwelling unit for lots served by municipal sewer.
E.
Existing lots. Existing lots of record are exempt from the provisions of this section. Only lots subdivided after the posting of this section shall be subject to its provisions.
F.
Other provisions. Reference is hereby made to RSA 483-B, the Comprehensive Shoreland Protection Act, the provisions of which apply. It is intended that the more restrictive law shall apply. In all cases where the Riverfront Residential Overlay District is overlain over other local zoning districts, the more restrictive regulations shall apply.
§ 170-32 Residential-Commercial Mixed-Use (RCM) Overlay District.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006; 7-22-2020 by Ord. No. 2020.07.08-007; 10-13-2021 by Ord. No. 2021.09.08-006; 8-9-2023 by Ord. No. 2023.07.12-008; 10-8-2025 by Ord. No. 2025.09.24-2]
A.
Purpose and intent.
(1)
The Residential-Commercial Mixed-Use Overlay District is designed as an overlay district that allows a mixture of residential use and commercial uses on one parcel. In order for a developer to utilize these regulations, the Planning Board shall have granted a conditional use permit. The district includes options which enable and encourage greater flexibility in the design of residential housing with commercial projects. The overlay permits development of large tracts of land on a development-plan basis which allows flexibility in internal road design, with reduced dwelling lot sizes and modified dimensional requirements.
(2)
The mixed residential and commercial uses are intended to be complementary to one another and to create a sense of community between the mixed uses. Housing and commercial uses can be developed to provide appropriate use of land, facilitate the economical and efficient provision of public services, promote open space conservation, protect the natural and scenic attributes of the land, and expand opportunities for the development of housing outside the traditional residential developments.
B.
Conditional use permit.
(1)
Conditional use approval may be granted by the Planning Board (RSA 674:21, II) after proper public notice and public hearing, provided that the proposed project complies with the following standards:
(a)
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.
(b)
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.
(c)
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.
(2)
Conditional use approval shall be subject to a formal agreement between the Planning Board and the applicant. Said agreement shall be recorded at the Strafford County Registry of Deeds.
C.
Location. The Residential-Commercial Mixed-Use Overlay District shall include any parcel located within the CM, IT or R-40 Zone which is greater than 20 acres and served by public water and sanitary sewer.
D.
Permitted uses. The following uses are permitted:
(1)
Principal uses.
(b)
Public and private utilities.
(c)
Nonresidential uses as allowed as follows:
[1]
Any use allowed in the underlying zone.
[2]
Barber or beauty shop.
[3]
Bank.
[4]
Eating/drinking establishments (no drive-through service).
[5]
Bed-and-breakfast.
[6]
Office.
[7]
Retail store.
[8]
Theater.
[9]
Adult day care.
[10]
Nursing homes at a density of one bedroom per 7,500 square feet of land.
[11]
Congregate care facilities at a density of one unit per 7,500 square feet of land.
[12]
Other uses compatible with housing may be approved via conditional use, using the criteria in § 170-20B(2).
[13]
Nonresidential uses in existence at the adoption of this section on adjacent parcels shall be allowed to expand within the development if conceptually shown on the approved plan.
E.
Procedural concepts.
(1)
The developer shall prepare a development plan, which locates the proposed types of nonresidential and residential development, utilities, access roads, and public ways. The parcels comprising the development may be under separate ownership but shall be treated as one development and shall be bound by the approval granted for the entire development plan. If approval is granted, individual lots must be developed as part of the larger development plan and phasing outlined below, and not separately. The development plan must identify the percentage of the nonresidential uses, residential uses and open space. Nonresidential and/or mixed-use uses must comprise at least 55% of the total proposed floor area for the development; residential uses must not exceed 45% of the total proposed floor area for the development. A building shall be considered "mixed-use," provided that at least 50% of the floor area of the first floor is reserved as commercial space and provided that such commercial space is located roughly in the front half of the building and extends the length of the building facade. Residential accessory uses (e.g. mechanical, storage, laundry, etc.) are permitted to be located within the back half of the first floor of any mixed-use building.
(2)
A minimum of 20% of the area of the original tract shall be reserved as open space and identified as such on the development plan. Fifty percent of the required open space (as defined in § 157-60) must be usable uplands and reasonably accessible to all property owners or lessees in the project. Any open space provided above 20% may be mixed unsuitable areas and upland.
(3)
Residential uses require that the calculation of permitted density shall be completed through the submission of a yield plan (as defined in § 157-60) applied to the development lot and not individually to the internal dwelling lots.
(4)
For residential development that includes single-family homes over 1,001 square feet of total living area, or three- to four-family, density shall be based upon calculating one unit per 40,000 square feet of contiguous upland, and using 150 feet of frontage on a public roadway.
(5)
For single-family residential homes 1,000 or less square feet of total living area, development, two-family dwellings, or multifamily dwellings, density shall be based upon calculating one unit per 10,000 square feet of contiguous upland, and using 100 feet of frontage on a public roadway.
(a)
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).
(6)
The development plan may be phased for a term of five years. The phasing plan shall contain provisions which promote the mixed use of the site consistent with Subsection A. For the purposes of this section, development shall include:
(7)
The phasing plan shall provide that no more than 50% of the residential development may be occupied prior to completion of between 25% and 50% of the nonresidential structures, as negotiated between the Planning Board and the developer, and included in the conditional use approval.
(8)
Provided that the developer is making reasonable efforts to develop the site, the Planning Board may extend the initial five-year phasing period, provided a request for extension is submitted before the expiration of the initial five-year phasing term.
(9)
Residential development plan guidelines.
(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
(10)
Nonresidential development plan guidelines.
(a)
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.
F.
Standards and regulations.
(1)
Internal roads. As part of the approval of the conditional use permit, the Planning Board shall determine whether internal roads shall be public or private. If a road is determined to be private, no municipal services shall be provided other than public safety, utilities maintenance, and regulatory services. Unless noted below, roadways shall conform to the street design criteria laid out in the Code.
(2)
Dimensional requirements.
(a)
Nonresidential/mixed-use buildings.
[1]
Minimum structure setback from external lot line: 50 feet. Expanding existing nonresidential uses are not held to this setback.
[2]
Minimum structure setback from external right-of-way: 50 feet.
[3]
Maximum nonresidential building height: 55 feet.
[4]
For all other dimensional requirements for nonresidential structures and parking setbacks refer to the underlying zone.
(b)
(c)
There shall be no minimum lot size or frontage for internal lots created.
(3)
Parking.
(a)
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.
(b)
Overnight parking shall not be permitted on internal roadways.
(c)
Parking shall be utilized and available to all components of the development plan, through the recording of access and parking easements.
§ 170-33 Groundwater protection.
[Amended 7-22-2020 by Ord. No. 2020.07.08-006; 10-8-2025 by Ord. No. 2025.09.24-2]
A.
Purpose. The purpose of this section is to promote the public health, safety and general welfare by protecting and preserving the quality of existing and future groundwater supplies from adverse or detrimental land use, development or activities.
B.
Location. These regulations shall apply to all lands within the primary and secondary groundwater protection zones. The boundaries of the primary and secondary groundwater protection zones are depicted on maps titled "Groundwater Protection Zones," dated October 6, 1998. These maps shall be on file at the Planning and Community Development Department and the City Clerk's office.[1]
[1]
Editor's Note: The Groundwater Protection Zones Map is included as an attachment to this chapter.
C.
Applicability.
(1)
All land use activities and development conducted within the primary or secondary groundwater protection zones shall be regulated by the standards established herein.
(2)
The standards established herein shall constitute the rules of an overlay zone and shall be superimposed over other zoning districts or portions thereof. The provisions herein shall apply in addition to all other applicable ordinances and regulations. In the event of a conflict between any provision herein and any other ordinance or regulation, the more restrictive requirement shall control.
(3)
Pursuant to New Hampshire Administrative Rules Part Env-Wq 401, land use activities within a 400-foot radius of a municipal well, the primary groundwater protection zone, shall be subjected to more restrictive standards than the balance of the groundwater protection zones.
(4)
Any nonconforming use may continue, and may be maintained and repaired, unless such use is determined to be an imminent hazard to public health and safety by the City Council or the Health Officer.
D.
Standards and regulations.
(1)
The following land uses are allowed in the primary groundwater protection zones. All other land uses are prohibited.
(a)
Construction, operation, and maintenance of wells, dams and water conservation apparatus.
(b)
Conservation, education and recreational activities which do not cause erosion or necessitate the application of chemicals.
(c)
Forestry and agricultural uses, provided that fertilizers, herbicides, pesticides, manure and other leachables are not used or stored within said zone.
(d)
Maintenance and repair of any existing structure, provided that there is no increase in the area of impermeable surfaces.
(2)
The following land uses are expressly prohibited from the secondary groundwater protection zones:
(a)
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.
(b)
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.
(c)
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.
(d)
Junkyard or salvage yard.
(e)
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.
(f)
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.
(g)
Storage of road salt and other deicers, except in a shelter constructed to avoid leaching and runoff for use on site.
(h)
The dumping of snow containing road salt or other deicers brought in from outside the groundwater protection zone.
(i)
Industrial uses that discharge contaminated wastewater on site.
(j)
Animal feedlots.
(k)
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.
(l)
The use of wood piling treated with creosote or other preservative.
(3)
The following land uses are allowed in the secondary groundwater protection zones only if the Planning Board approves a conditional use permit for the specific use per Subsection E(4):
(a)
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.
(b)
Metalworking shops, including, but not limited to, machine shops; metal plating shops; heat-treating shops; smelting shops; and jewelry-making shops.
(c)
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.
(d)
Laboratories and professional medical offices, including, but not limited to, medical, dental, and veterinary offices; and research and analytical laboratories.
(e)
Cleaning services, including, but not limited to, dry cleaner; laundromats; beauty salons; and car washes.
(4)
The following land uses are allowed in the secondary groundwater protection zones:
(a)
Construction, operation and maintenance of wells, dams, and water conservation apparatus.
(b)
Conservation, education and recreational activities which do not cause erosion or necessitate the application of chemicals.
(c)
Forestry and agricultural uses, provided that fertilizers, herbicides, pesticides, manure and other leachables are not commercially stored within said zone.
(5)
In soils that are excessively drained, well-drained, moderately well-drained or somewhat poorly drained, as defined by a site specific soil survey completed in accordance with the standards of the Society of Soil Scientists of Northern New England, the development shall not make impervious to water more than 20% of the area of said soils except as provided for below. Any development in the secondary groundwater protection zone that proposes a total impervious surface greater than 20% shall only be permitted if the Planning Board grants a conditional use permit per Subsection E(4). In reviewing a conditional use permit application filed under this provision, the Planning Board shall require that the proposed development plan incorporates a stormwater drainage plan, approved by the Planning Board and prepared by a professional engineer certified to practice in the State of New Hampshire. The plan shall provide for the retention and percolation within the secondary. groundwater protection zone of all development-generated stormwater runoff from a ten-year storm. Furthermore, the stormwater drainage plan shall provide for the removal of oil and gasoline from parking lot runoff by use of treatment swales, oil/gas separators or other device, prior to retention and percolation of the runoff.
(6)
In addition to standards and requirements contained in other ordinances and regulations, a proposed site plan and building permit application shall be accompanied by a report that specifies the amount and composition of industrial or commercial waste that will be generated on site and details the proposed method for disposal of such waste outside of the groundwater protection zones.
(7)
A hydrogeologic study may be required by the Planning Board to investigate the impacts a proposed development or land use activity will have on an existing or future groundwater supply. A qualified professional hydrologist or geologist shall be chosen from a list of such professionals provided by the City of Dover, and the applicant shall pay any costs incurred.
E.
Administration.
(1)
Development or land use activities proposed within the groundwater protection zones that require subdivision or site plan approval from the Planning Board also shall be reviewed by the Dover Conservation Commission. The Planning Board and Conservation Commission shall verify that the proposed activity will comply with this chapter before the Planning Board grants approval.
(2)
The Building Inspector shall not issue a building permit for development or land use activities until such time as he verifies with the Zoning Administrator that the proposed development will comply with the provisions and standards established herein. The Building Inspector may consult with the Conservation Commission or Planning and Community Development Department as he deems necessary.
(3)
Land use activities that do not require Planning Board approval or building permits are also subject to the requirements and standards established herein.
(4)
Conditional use permits. The Planning Board, after receiving a recommendation from the Conservation Commission, may vary the provisions herein by granting a conditional use permit in accordance with RSA 674:21. Along with the conditional use permit application, the applicant shall submit expert technical information from a professional engineer, hydrologist or geologist that documents that the requested relief is consistent with the stated purpose and intent of this chapter. Such technical information shall include an environmental protection plan consistent with the regulated substance management requirements of the New Hampshire Department of Environmental Services Best Management Practices for Groundwater Protection (Part Env-Wq 401). Said plan shall also include provisions for routine monitoring and reporting of environmental protection activities to be reported to the City of Dover. Any cost incurred by the City in reviewing the groundwater protection information shall be paid by the applicant for the conditional use application.
F.
Performance standards.
(1)
Applicability. Within the primary and secondary groundwater protection zones, the following performance standards shall apply to all new nonresidential and multifamily development, expansion of preexisting nonresidential and multifamily developments that expand the lot coverage of the existing structure(s) by more than 20%, and all subdivisions of four or more new lots:
(a)
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.
(b)
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.
(c)
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.
(2)
Specific requirements. Within the primary and secondary groundwater protection zones, the following performance standards shall apply to specific activities which may impact the groundwater quality:
(a)
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.
G.
Development review. All developments to which Subsection F, Performance standards, above, applies shall complete the calculations as specified in the Development Review Model, or a performance equivalent, incorporated herein by reference. A copy of this model shall be on file at the Planning and Community Development Department and the City Clerk's office. The Building Inspector shall withhold a building permit until such time as he/she verifies that the proposed development will comply with the infiltration and nitrogen maximums set forth in Table 1, Sections A and B, of said Development Review Model.
§ 170-34 Scenic Road Overlay District.
A.
Purpose. The purpose of this section is to promote the protection of natural woodlands located adjacent to the public rights-of-way of scenic roads as designated by the Dover City Council per the authority granted by Chapter 117, Scenic Roads. By adopting this section, the City is striving to maintain the scenic qualities of scenic roads both within the public right-of-way and in the privately owned land adjacent to the scenic roads.
B.
Location of district. The Scenic Road Overlay District is an overlay district that includes all land located within 25 feet of the right-of-way of a scenic road, as designated by the City Council. At present, the following roads have been designated as scenic roads: Old Garrison Road, David Tuttle Road and Rochester Neck Road.
C.
Buffer requirements. Within the Scenic Road Overlay District, the natural vegetative buffer existing at the time of the adoption of this section shall be maintained and preserved in its natural state, except as provided below:
(1)
The removal of damaged, diseased or unsafe vegetation is permitted within the overlay district upon the approval of the City Arborist.
(2)
The clearing of vegetation necessary for the construction of a driveway for access to a lot is permitted. Such driveway shall be designed to minimize the amount of clearing of vegetation necessary.
(3)
The clearing of vegetation for agricultural uses, as defined by RSA 21:34-a, is permitted.
§ 170-35 Hazardous Waste Landfill District I.
A.
Purpose. In the interest of responsible planning, public safety and concern for the general welfare of the citizens of Dover, the regulations of this district are designed to alert the public and prohibit development activities in areas potentially affected by the storage of hazardous waste until such time as a final cleanup and proper closure of the site can be completed.
B.
Location. The Hazardous Waste Landfill District I is hereby to consist of those City-owned lots shown on the City of Dover's Assessor's Map C, Lot Nos. 16, 18 and 24.
C.
Hazardous Waste Landfill District I criteria. All applications for further development, residential or commercial or industrial, in areas heretofore specified must contain a notation on the plat, site plan and application stating that the development site is within the Hazardous Waste Landfill District.