Section 3
3.0 There are three phases in the application process. The first, conceptual consultation, is optional for annexations and lot line adjustments, and is optional but strongly recommended for major and minor subdivisions. The second phase, preliminary design review, is required only for major subdivisions, but may be used for any project where the applicant wants board and public input before arriving at a final design. The third phase, application for final approval, is required for all projects.
3.1 Conceptual Consultation
Anyone with a project proposal may present it to the Board in conceptual form. The Board may discuss the proposal in general terms focusing on the basic concept of the proposal and general items such as the desirability of types of development and proposals under the master plan, and applicability and conformity with the Zoning Ordinance, Subdivision Regulations and other pertinent local regulations. Such discussion may occur only at formal meetings of the Board, but will not require public notice to abutters and the general public. There will be no decision or action by the Board with regard to any conceptual consultation. Such consultation shall not bind either the applicant or the Board. There is no application fee or time limit for this review. Conceptual consultation is recommended for projects of all sizes since it gives the applicant a chance to fully understand all the procedures and requirements.
3.2 Preliminary Design Review
The purpose of Preliminary Design Review is to allow the applicant to present a more detailed plan, and to solicit comment from the abutters and the interested public. This phase is required for applicants proposing major subdivisions, but may be used by others if they think it will be useful to them. Since a formal hearing is required, the applicant shall submit an application on a form provided by the board, provide an abutters list, and pay the required fees. The Board shall give formal public notice, at the applicant's expense, to abutters and the general public in accordance with Section 3.9 of these regulations.
The Board may review the proposal in detail and receive testimony in person or in writing from any applicant, any abutter or any other person as permitted by the Board. The Board may, but is not required to, give a formal response to the applicant with respect to the proposal as a whole or any portion of the proposal. Such Preliminary Design Review shall bind neither the applicant nor the Board. A hearing on a particular Preliminary Design Review may be adjourned to continue on a specific date, time, and place with no further notice of the re-convened hearing required. There is no time limit on Preliminary Design Review.
3.3 Application for Final Approval
Anyone wanting approval for a proposed project shall submit an application for final approval together with supporting documentation as detailed in this and following sections. The Board will notice and hold a public hearing at which time the application
will be reviewed for completeness and a vote taken to decide whether to accept the application as complete. Upon acceptance, the Board may hear the proposal immediately or at the next regularly scheduled meeting. In either case, the Board will review the proposal and accept public comment, before making a decision.
3.4 Process for Annexations and Lot Line Adjustments
3.4.1 Conceptual Consultation
Conceptual Consultation is not required, but potential applicants may find it useful to get an understanding of terms, regulations, and processes. See Section 3.1.
3.4.2 Application for Final Approval
The owner/agent shall submit an application which meets all the requirements for an annexation or a lot line adjustment as presented in Section VII.
3.5 Process for Minor Subdivisions
3.5.1 Conceptual Consultation
A conceptual consultation is not required, but is strongly recommended for minor subdivision proposals. The purpose of the meeting is to make an initial determination of maximum density and discuss the developer’s goals. In addition, the board can provide guidance and understanding with respect to the ordinance, regulations, and the subdivision process.
The owner/agent should present a location map which can be a copy of the tax map for that area as well as a scaled sketch or drawing showing boundaries and the approximate extent of steep slopes, flood plains, wetlands, water bodies, and deer wintering areas including the approximate area of each. The owner/agent should be prepared to discuss the goals and objectives for the site. At this meeting, the owner/agent should present the initial determination of density for review and concurrence by the board. See the Zoning Ordinance paragraph 5.12.4 and Tables 5.1 and 5.2 for the method.
3.5.2 Preliminary Design Review
The purpose of Preliminary Design Review is to acquaint the board with the existing conditions, to review and approve the final determination of density, and to receive comment from the public, affected departments and agencies, and the board on the proposal. Preliminary Design Review is not required for minor subdivisions. If the applicant wishes to use this part of the process, the applicant shall submit an application which includes a density report as specified in Section 9.3, and a proposed subdivision plan.
3.5.3 Application for Final Approval
The owner/agent shall submit an application which meets all the requirements for a minor subdivision as presented in Section VIII.
3.6 Process for Major Subdivisions
3.6.1 Conceptual Consultation
A conceptual consultation is not required, but is strongly recommended for major subdivision proposals. The purpose of the meeting is to make an initial determination of maximum density and discuss the developer’s goals. In addition, the board can provide guidance and understanding with respect to the ordinance, regulations, and the subdivision process.
The owner/agent shall present a location map which can be a copy of the tax map for that area as well as a scaled sketch or drawing showing boundaries and the approximate extent of steep slopes, flood plains, wetlands, water bodies, and deer wintering areas including the approximate area of each. The owner/agent should be prepared to discuss the goals and objectives for the site. At this meeting, the owner/agent shall present the initial determination of density for review and concurrence by the board. See the Zoning Ordinance paragraph 5.12.4 and Tables 5.1 and 5.2 for the method.
3.6.2 Preliminary Design Review
The purpose of the Preliminary Design Review is to acquaint the board with the existing conditions, to review and approve the final determination of density, and to receive comment from the public, affected departments and agencies, and the board on the proposal.
For the Preliminary Design Review, the applicant shall submit an application which includes the following:
3.6.2.1 A density report as specified in Section 9.3
3.6.2.2 A proposed subdivision plan
3.6.2.3 A soils report and map as specified in Section 9.6
3.6.2.4 A fire protection proposal
3.6.2.5 A road center line profile and a typical cross section
3.6.2.6 A storm drainage proposal
3.6.2.7 Draft impact reports
3.6.2.8 Sign-off sheets as specified in Section 9.15
3.6.3 Application for Final Approval
The applicant shall submit an application which meets all the requirements for a major subdivision as presented in Section IX.
3.7 Inspection of the Site by the Planning Board
3.7.1 Prior to hearing an application for a major subdivision preliminary design review, the Board shall visit the site to observe its characteristics and visualize the layout. The applicant shall contact the Land Use Board Assistant at the Town Office to schedule a site visit as early as possible before the hearing.
3.7.2 Before the site visit, the applicant shall flag the center line of proposed roads and mark the ribbon with the station number at each point. Lot corners shall be flagged at the road with the lot number indicated on the ribbon. Driveway access shall be flagged for each lot. A different color ribbon shall be used for each type of flag.
3.8 Application for Preliminary Design Review or Final Approval
The application shall be submitted to the Land Use Board Assistant at the Town Office Building not less than 21 days before the regularly scheduled meeting of the Board at which the application is to be reviewed.
A complete application shall consist of the following:
- an application form provided by the Planning Board
- a list of abutters (on form)
- a check for the required fees which shall be calculated from the fee schedule provided with the application form
- written authorization from the landowner of record for any agent(s) to represent the owner
- one full size copy and seven 11" x 17" copies of each plan and eight copies of all the documents required by the application submittal requirements for the type of project. See Sections VII, VIII, IX.
Applications which are not complete will not be heard.
The abutter list shall include the following:
- the applicant
- the abutters (see definition section 2.1)
- the landowners whose property is located within two hundred (200) feet of the land under consideration
- holders of conservation, preservation, or agricultural preservation restrictions on the land under consideration
- every engineer, architect, land surveyor, or soil scientist whose professional seal will appear on any plat submitted to the Board.
The names and addresses of all abutters and landowners within two hundred (200) feet shall be selected from the town records not more than five (5) days before the date of filing the application.
When common land abuts or is within 200 feet of the subject land, all persons with an interest in that land must be on the abutter list.
3.9 Notice of Application and Public Hearing
The Board shall notify all the persons on the abutter list by certified mail of the date upon which the application will be formally submitted to the Board and the Board will hold a public hearing to consider the application. Such notice shall give at least ten (10) "clear days" of notice prior to such formal submission. Such notice shall also be given to the general public by publishing the notice in a newspaper of general circulation in the municipality and by posting a copy of the notice in two public places in the Town at the same time that the notice is mailed to the applicant and the abutters. The notice shall include a general description of the proposal which is the subject of the application and shall identify the applicant and the location of the property which is the subject of the application. Additional notice of an adjourned session of a public hearing is not required if the date, time and place of the adjourned session is made known at the prior hearing. Separate notice is required for preliminary and final hearings. At the hearing, the applicant, any abutter or any person with a demonstrable interest in the matter may testify in person or in writing. Other persons may testify as permitted by the Board at each hearing.
3.10 Public Hearing on Application for Final Approval; Time Limits
The Board shall, at the next regular meeting or within 30 days following the delivery of the application for which notice can be given in accordance with the requirements of Section 3.9, determine if a submitted application is complete and shall vote upon its acceptance.
Upon determination by the board that a submitted application is incomplete according to Section 3.8, the board shall notify the applicant of the determination in accordance with RSA 676:3, which shall describe the information, procedure, or other requirement necessary for the application to be complete. When the applicant is present and consents, the Board shall describe verbally the information, procedure, or other requirement necessary for the application to be complete.
Upon determination by the board that a submitted application is complete according to the board's regulations, the board shall begin formal consideration and shall act to approve, conditionally approve, or disapprove within 65 days. However the planning board may apply to the Board of Selectmen for an extension not to exceed an additional 90 days before acting to approve or disapprove an application. Alternatively the applicant may waive the requirement for planning board action within the time periods specified in this section and consent to such extension as may be mutually agreeable.
Upon failure of the Board to approve, conditionally approve, or disapprove the application, the selectmen shall, upon request of the applicant, immediately issue an order directing the board to act on the application within 30 days. If the planning board does not act on the application within that 30-day time period, then within 40 days of the issuance of the order, the selectmen shall certify on the applicant's application that the plat is approved pursuant to this paragraph. The selectmen shall not certify approval if within those 40 days the selectmen have identified in writing some specific subdivision regulation or zoning or other ordinance provision with which the application does not comply. Such a certification, citing this paragraph, shall constitute final approval for all purposes including filing and recording under RSA 674:37 and 676:18, and court review under RSA 677:15.
Failure of the selectmen to issue an order to the planning board under the paragraph above, or to certify approval of the plat upon the planning board's failure to comply with the order, shall constitute grounds for the superior court, upon petition of the applicant, to issue an order approving the application if the court determines that the proposal complies with existing subdivision regulations and zoning or other ordinances. If the court determines that the failure of the selectmen or the city council to act was not justified, the court may order the municipality to pay the applicant's reasonable costs, including attorney's fees, incurred in securing such order.