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FLOODPLAIN DEVELOPMENT DOVER CODE


FLOODPLAIN DEVELOPMENT

Chapter 113
[Revised in its entirety 01-20-99 by Ord. No. 26-98]

ARTICLE I
TITLE; AUTHORITY; LEGISLATIVE INTENT

113-1. Title.
113-2. Statutory authority.
113-3. Purpose; areas of special flood hazard.

ARTICLE II
ADMINISTRATION

113-4. Development review.
113-5. Required data.
113-6. Use of other base flood data.
113-7. Information to be obtained and maintained.
113-8. Alteration of watercourses.
113-9. Interpretation of boundaries.

ARTICLE III
FLOODPLAIN HAZARD REDUCTION

113-10. General standards.
113-11. Specific standards.
113-12. Floodways.

ARTICLE IV
VARIANCES AND APPEALS

113-13. Variances and Appeals

ARTICLE V
WORDS AND PHRASES

113-14. Definitions.

[HISTORY: Adopted by the City Council of the City of Dover 3-25-87 as Ord. No. 7-87*.
Amendments noted where applicable.]
_________________________
*Editor's Note: This ordinance also repealed former Ch. 113, Flood Hazard Control, adopted 4-
9-80 as Ord. No. 5-80 113-1 FLOOD PLAIN DEVELOPMENT


113-1
113-3
General References

Conservation Commission - See ch. 14.
Historic districts - See Ch. 30.
Auto courts and trailer camps - See ch. 63.
Building construction - See ch. 68.
Housing standards - See ch. 119.
Mobile home parks - See ch. 149.
Subdivision of land - See ch. 155.
Zoning - See ch. 170.
Site Review-See ch. 149.

ARTICLE I
TITLE; AUTHORITY; LEGISLATIVE INTENT

113-1. Title.

This chapter shall be known and may be cited as the "Floodplain Development Ordinance of the City
of Dover, New Hampshire." The regulations in this ordinance shall overlay and supplement the
regulations in the City of Dover Zoning Ordinance, Chapter 170 of the Code of the City of Dover, and
shall be considered part of the Zoning Ordinance for purposes of administration and appeals under
state law. If any provision of this ordinance differs or appears to conflict with any provision of the
Zoning Ordinance or other ordinance or regulation, the provision imposing the greater restriction or
more stringent standard shall be controlling.


113.2. Statutory authority.

These rules and regulations are adopted by the City of Dover pursuant of the authority granted by
RSA 674:16.


113-3. Purpose; areas of special flood hazard.
[Amended 04-20-05 by Ord. No. 13-2005]

The City of Dover recognizes the need to minimize the potential loss of life and property during
periods of flooding by regulating the alteration and/or the development of those areas of special flood
hazard identified by the Federal Emergency Management Agency. The following regulations in this
ordinance shall apply to all lands designated as special flood hazard areas by the Federal Emergency
Management Agency (FEMA) in its "Flood Insurance Study for the County of Strafford, NH," dated
May 17, 2005 or as amended, together with the associated Flood Insurance Rate Maps dated May 17,
2005 or as amended, which are declared to be a part of this ordinance and are hereby incorporated by
reference. The Flood Insurance study is on file at the Department of Planning and Community
Development.



113-2
DOVER CODE



113-4
113-5
ARTICLE II
ADMINISTRATION

113-4

Development review.

A. Prior to the issuance of a building permit by the Building Inspector, whether for new construction
(manufactured or prefabricated homes included) or the substantial improvement thereon, the
Building Inspector shall determine whether said project site is located in an area of special flood
hazard . If said project site is so located, wholly or in part, in an area of special flood hazard,
then compliance with the rules and regulations contained herein shall be required. (See 113-5
and Article III, Floodplain Hazard Reduction.)

B. Prior to the granting of final subdivision plat approval, the Planning Board shall determine
whether said plat is located within an area of special flood hazard, and, if so situated, compliance
with the rules and regulations contained herein shall be required. (See 113-5 and Article III,
Floodplain Hazard Reduction.)

C. Prior to the granting of final site review approval, the Planning Board shall determine whether
said site is located within an area of special flood hazard, and, if so situated, compliance with the
rules and regulations contained herein shall be required (See 113-5 and Article III, Floodplain
Hazard Reduction.)

D. Any man-made change to improved or unimproved real estate within an area of special flood
hazard that is not regulated by Subsections A, B or C above (mining, dredging, filling, grading,
paving, excavation or drilling operations) shall hereby require review by the Building Inspector
and subsequent review and approval by the Technical Review Committee and/or the Planning
Board. (See 113-5.)

113-5. Required Data.

Applications for all required city permits and approvals are available at the Department of Planning
and Community Development. Applications for development activities explicated in 113-4 shall
include the following:

A. Plans in duplicate, drawn to scale, showing the nature, location, dimensions and elevations of the
area in question; existing or proposed structures, fill storage of materials and drainage facilities;
and the location of the foregoing. Specifically, the following information is required where
appropriate:

(1) As-built elevation in relation to NGVD, of the lowest floor, including basement, and
including whether or not such structures contain a basement.

(2) Elevation, in relation to NGVD, to which any structure has been floodproofed.

(3) Certification by a registered engineer or architect that the floodproofing methods for any
nonresidential structure meet the floodproofing criteria in 131-11B.
FLOOD PLAIN DEVELOPMENT

113-3
113-5 113-7


B. Permit review. The Planning Department shall:

(1) Review all development permits to determine that the permit requirements of this chapter
have been satisfied.

(2) Review all development permits to determine that all necessary permits have been received
from those governmental agencies from which approval is required by federal or state law,
including
Section 404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C.
1334. It shall be the responsibility of the applicant to certify these assurances to the Planning
Department.

C. The Planning Department shall review all development permits to determine if the proposed
development adversely affects the flood-carrying capacity of the areas of special flood hazard.
For purposes of this chapter, "adversely affects" means that the cumulative effect of the
proposed development, when combined with all other existing and anticipated development, will
not increase the water surface elevation of the base flood more than one (1) foot at any point
within the community.

113-6. Use of other base flood data.

When the base flood elevation data has not been provided in accordance with 113-3, the Department
of Planning and Community Development shall establish said base flood elevation data by the
following means: obtain, review and reasonably utilize any base flood elevation data available from a
federal, state or other competent source.

113-7. Information to be obtained and maintained.

A. The Department of Planning and Community Development shall maintain and record for public
inspection the certification of floodproofing required in 113-11B and the as-built elevation, in
relation to NGVD, of the lowest floor, including the basement, of all new or substantially
improved structures and shall include whether or not such structures contain a basement and, if
the structure has been floodproofed, the as-built elevation, in relation to mean sea level, to which
the structure was floodproofed. This information must be furnished by the applicant.

B. In areas of special flood hazard, the Department of Planning and Community Development shall
determine the base flood elevation in the following order of precedence according to the data
available:

(1) In Zone AE, refer to the elevation data provided in the communitys Flood I