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Town of Portsmouth
Town of Portsmouth Zoning Ordinance
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§ XV-F

Creation of vested rights

  • 1. Any application for development that is substantially complete and has been submitted for approval to the appropriate review agency of the Town, as specified in this Ordinance, prior to enactment of a new zoning ordinance or amendment shall be reviewed according to the regulations applicable in the zoning ordinance in force at the time the application was submitted. A Certification of Completeness or written notification to an applicant that an application is not substantially complete shall be issued by the Zoning Enforcement Officer within five (5) working days of his/her receipt of an application and required supportive materials.
    • a) "Substantially Complete" for this purpose shall mean that the application and required supportive materials are complete and sufficient for the Zoning Enforcement Officer, Planning Board or the Zoning Board of Review to make a fully informed decision on an application.
  • 2. Any application for development under the provisions of this section which is not utilized within a period of one (1) year from the date of its authorization shall be void unless, upon written request of the applicant, the Zoning Board of Review grants an extension, provided that not more than one (1) such extension for a period of six (6) months may be granted.
    • a) If written proof from the Portsmouth Water and Fire District is provided showing that the applicant is unable to secure a tie-in to the Portsmouth Water and Fire District's water supply, then the Zoning Board of Review shall grant an extension for a period of one (1) year, provided that the applicant demonstrates reasonable diligence in attempting to secure such tie-in.
    • b) If written proof from an applicable State or Federal agency is provided showing that the applicant is unable to secure the necessary permits from said agency within the time allotted hereunder, then the Zoning Board of Review shall grant an extension for a period of one (1) year, provided that the applicant demonstrates reasonable diligence in attempting to secure such permit.