N.H. Admin. Code § Pda 511.04

Current through Register No. 50, December 12, 2024

Section Pda 511.04 - Commercial Mooring For Hire Mooring Permit Application Form

(a) Each person seeking a commercial mooring for hire mooring permit shall complete an application form provided by the division and deliver or mail the completed application to:

Pease Development Authority

Division of Ports and Harbors

555 Market Street

Portsmouth, NH 03801

(b) The mooring permit application form shall require the following information:

(1) The applicant's full legal name:

(2) The name and address of the applicant's business;

(3) The name of a business contact person and the best way to contact that person;

(4) The applicant's mailing address, if different from the permanent address;

(5) The organizational structure of the applicant;

(6) A description of the nature of the business;

(7) Which address the applicant requests be used as the correspondence address by the division, if different from the permanent address;

(8) The applicant's telephone number(s) including:

a. Business telephone number;

b. Home telephone number;

c. Business fax number, if the applicant has a business fax number;

d. Emergency telephone number; and

e. Cell telephone number, if different from permanent telephone number;

(9) The applicant's e-mail address, if the applicant has an e-mail address;

(10) If the applicant is a shorefront property owner making an initial application for a commercial mooring for hire mooring permit:

a. A copy from the appropriate county registry of deeds of the deed for the shorefront property containing the book and page number for the recorded deed;

b. A copy of the most recent property tax bill for the shorefront property; and

c. A copy of the portion of the tax map of the municipality in which the shorefront property is located, including the property tax map number and lot number;

(11) If the applicant is a shorefront property owner making a reapplication for a commercial mooring for hire mooring permit, a copy of the most recent property tax bill for the shorefront property;

(12) If the applicant is a marina:

a. A description of the access to the water and parking facilities; and

b. An explanation of the terms and conditions under which the marina is open to the general public;

(13) For a collective mooring area:

a. A collective mooring area plan, showing the proposed or existing location of each individual mooring in the area and the distance between each mooring location;

b. The maximum LOA to be allowed for each individual mooring location;

c. Date of last inspection of each mooring; and

d. The weight and type of mooring block proposed to be set or set for each individual mooring location; and

(14) For each mooring proposed to be set or existing outside a collective mooring area:

a. The proposed or existing location of the mooring;

b. The maximum LOA to be allowed for the mooring;

c. Date of last inspection of the mooring; and

d. The weight and type of mooring block proposed to be set or set for the mooring location.

(c) The applicant shall attach:

(1) If a marina, documentation that demonstrates that the applicant meets the definition of a marina, such as, but not limited to, the following:

a. A business brochure or a photograph of signage relating to the marina;

b. A photocopy of receipt(s) for business advertisement(s) commissioned within the most recent 12 months prior to this application; or

c. Evidence of membership in a business or marine-related trade association, including, but not limited to:

1. A current membership card; or

2. A letter from an officer of the association attesting to the current membership of the applicant in the association;

(2) For every business organization, except a sole proprietorship:

a. A statement describing whether the organization is:

1. A partnership, including type of partnership;

2. A corporation;

3. A limited liability company;

4. A trust, including type of trust;

5. An association; or,

6. Another entity, including a description of such entity's organizational structure.

b. A list of its directors, officers, partners, managers, trustees or members, as applicable; and

c. A description of its purpose;

(3) For every business organization, except a sole proprietorship or general partnership, proof of authorization from the secretary of state to do business in New Hampshire;

(4) For every trust and unincorporated business organization including, but not limited to, partnerships and unincorporated associations, a copy of its governing instrument(s);

(5) If the business organization is a sole proprietor doing business in this state under any other name than his own, a partnership, association, or any other entity required to register a trade name with the New Hampshire secretary of state pursuant to RSA 349:1, a copy of the certificate of trade name issued by the secretary of state;

(6) If the applicant is a condominium unit owners' association, a photocopy of the condominium's declaration and bylaws as recorded in the registry of deeds;

(7) An explanation of how the commercial mooring(s) for hire is or will be used to further the purposes of the business; and

(8) The mooring permit fee, provided that fees paid in the form of a check or a money order shall be made payable to "Pease Development Authority, Division of Ports and Harbors" or "PDA-DPH."

(d) By signing the form, the applicant shall certify the following:

(1) "I hereby certify that I, or the business organization that I represent, release and indemnify Pease Development Authority and hold Pease Development Authority harmless from any and all claims or liability which may arise on account of the use of the mooring(s);" and

(2) "I hereby certify that the statements and information in the enclosed documents are to the best of my knowledge and belief true, accurate and complete. I am aware that my mooring permit or placement on a mooring wait list may be withdrawn by the Pease Development Authority for submitting false statements or information or omitting required statements or information."

(e) A shorefront property owner making a reapplication for a commercial mooring for hire mooring permit shall certify, in addition to the certification required under (d) above, that:

(1) He or she is an owner of the shorefront property described in the attached tax bill; and

(2) The mooring described in the application is located in the shorefront property mooring area of the shorefront property described in the attached tax bill.

(f) The applicant shall sign and date the application.

N.H. Admin. Code § Pda 511.04

#7940, eff 8-23-03; amd by #8184, eff 10-1-04; amd by #8775, eff 12-16-06; ss by #9975, eff 8-20-11 (See Revision Note at chapter heading for Pda 500)

Amended by Volume XL Number 2, Filed January 9, 2020, Proposed by #12958, Effective 12/24/2019, Expires 12/24/2029.