Current through Register No. 12, March 21, 2024
(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.
#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)