SECTION VI - PROCEDURES FOR SUBDIVISION REVIEW
A. Preapplication Review
The Planning Board provides for an optional preapplication review of subdivi-sion plats in accordance with RSA 676:4, II, as follows:
1. Preliminary Consultation Phase
A preliminary consultation and review on applications shall not bind either the applicant or the Planning Board. The preliminary consultation may include, but is not limited to, discussions of the proposal in general terms to include the desirability of the development and the development's relationship to the Master Plan. Preliminary consultation may occur without the necessity of giving formal public notice as required by RSA 676:4 I (d), but must occur only at formal meetings of the Planning Board. Review beyond such conceptual and general discussion may proceed only after identification of, and notice to, abutters and the general public as required by Section VI-D. In a preliminary consultation, the application may present a rough sketch or other information useful in defining the
general scope and concept of the subdivision including how the land will be divided. The Planning Board may make suggestions to assist the applicant in preparing the formal application and in resolving problems foreseen with meeting subdivision requirements or other applicable regulations of the Town.
2. Design Review Phase
The optional design review phase on applications is beyond a preliminary consultation and involves more specific design and engineering details. Such review shall not bind either the applicant or the Planning Board. The design review phase may proceed only after notice to abutters and the general public as provided for in Section VI-D of these regulations. The applicant shall submit a completed application form, a check for the filing fee, an abutter's list, and a preliminary plan, seventeen (17) days prior to the hearing date.
The purpose of the Design Review is to familiarize the Planning Board with the basic concept of the proposed subdivision and to:
a) acquaint the potential applicant with the formal application process and particular information that the Planning Board may request;
b) to suggest methods for resolving possible problems in the development, design and layout;
c) to make the potential applicant aware of any Master Plan recommendations applicable to the site; and,
d) to acquaint abutters with the proposed subdivision.
If the applicant wishes to proceed beyond the design review phase, a public hearing for the final subdivision plan must be held.
B. Formal Application
1. Application for approval of the final subdivision plan should be filed with the Board by the applicant or his agent in writing on forms provided by the Town. Submitted material shall be complete and include material described in Section VIII. Should an application be found incomplete, the Board shall notify the applicant, requesting that the necessary documentation be submitted and informing the applicants that no further consideration of the application can be made until the application is complete.
2. A completed application sufficient to invoke jurisdiction of the Board shall be filed with the Board's designee at least seventeen (17) days prior to the public meeting of the Board at which it is to be submitted.
3. A completed application will be submitted to and accepted for consideration by the Planning Board only at a Public Meeting for which notice has been given to the applicant, abutters and the general public.
4. Applications shall be disapproved by the Board without public hearing on the grounds of failure of the applicant to supply information or to pay fees as required by these regulations.
C. Board Action on Completed Application
1. The Board shall begin consideration of the Completed Application within thirty (30) days of its submission.
2. The Board shall act to approve, conditionally approve, or disapprove the Completed Application within ninety (90) days of submission.
3. The Board may apply to the Selectmen for an extension not to exceed an additional 90 days before acting to approve, conditionally approve or disapprove an application. An applicant may waive the requirement for Board action within the time periods specified in these regulations and consent to such extension as may be mutually agreeable.
4. Upon failure of the Board to approve, conditionally approve, or disapprove the application, the Board of Selectmen shall, upon request of the applicant, immediately issue an order directing the Planning Board to act on the application within thirty (30) days per RSA 676:4, I, (c)(1). If the Board does not act on the application within the thirty (30) day time period, then within forty (40) days of the issuance of the order, the Selectmen shall certify on the applicant's subdivision application that the plat is approved, unless within those forty (40) days the Selectmen have identified in writing a specific provision of the Subdivision Regulations, Zoning Ordinance, or other applicable regulation or by-law with which the application does not
comply. Such certification by the Selectmen of the foregoing 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.
5. If any submitted plat is disapproved, the grounds for such disapproval shall be adequately stated in the records of the Planning Board and in written notice given to the Applicant.
6. The Board shall have the right, before final approval on a subdivision is granted, to determine what constitutes active and substantial development in relation to the application under review. By doing so, on a case by case basis, the Board establishes the threshold of development necessary to vest the applicant under the provisions of RSA 674:39, 4-Year Exemption. In the event the Board does not make a determination regarding active and substantial development at the time of approval, construction of the road to the point of the completion of the crushed gravel grade and compaction shall constitute active and substantial development.
D. Public Notices
1. Notice of the design review phase or submission of a Completed Application shall be given by the Board to the abutters and the Applicant by certified mail, mailed at least ten (10) days prior to the meeting at which the application will be submitted.
2. The public will be given notice at the same time, by posting at the Town Offices and Town Library and publication in a local newspaper.
3. The notice shall give the date, time, and place of the Planning Board meeting at which the Application or other item(s) will be formally submitted to the Board, shall include a general description of the proposal which is to be considered and shall identify the Applicant and the location of the proposal.
4. If the notice for the public hearing was included in the notice of submission or any prior notice, additional notice of the public hearing is not required. Additional notice is not required of an adjourned session of a hearing provided that the date, time, and place of the adjourned session was made known at the prior meeting.
E. Conditional Approval
1. The Planning Board may grant conditional approval of a plat or application, which approval shall become final without further public hearing, upon certification to the Board by its designee or based upon evidence submitted by the applicant of satisfactory compliance with the conditions imposed. Final approval of a plat or application may occur in the foregoing manner only when the conditions are:
a. Minor plan changes whether or not imposed by the Board as a result of a public hearing, compliance with which is administrative and which does not involve discretionary judgment; or
b. Conditions which are in themselves administrative and which involve no discretionary judgment on the part of the Board; or
c. Conditions with regard to the applicant's possession of permits and approvals granted by other boards or agencies, provided said permits and approvals themselves have not required a change to the Plat submitted to the Board or to any other conditions imposed by the board. All other conditions shall require a hearing and notice to abutters and the public.
2. The applicant shall have one year to comply with the conditions of approval and to have the plan signed by the Board. During this first year the conditionally approved plans are exempt from changes in the zoning ordinance or subdivision and site plan regulations.
a.If the conditions are not met within one year, the conditional approval shall lapse, unless granted a one year extension by the Board prior to the expiration date.
b. Requests for a one year extension described above(VI.E.2.a) shall be made in writing and submitted to the Board with sufficient time prior to the expiration date, for the request to be properly posted for a public hearing. The applicant or its designee shall appear at the meeting at which the Planning Board may consider the request for an extension.
- c.The Board shall have the option of holding a public hearing, with notice to abutters and the public as required in Section VI.D if the Board determines that conditions have changed appreciably.
- d.Conditionally approved plans that are granted extensions shall not be exempt from amendments to the zoning ordinance, site plan regulations or subdivision regulations that occur after the original expiration date set one year after the conditional approval.
- e.Only one (1) one-year extension may be granted. The Planning Board may grant additional exceptions as it deems appropriate.
- The Board shall have the authority to deny a request for an extension to a conditionally approved plan if the applicant cannot comply with the conditions. (January 20, 2011)
F. Written Decisions
1. The Board shall issue a final written decision of their action to approve, conditional-ly approve, or disapprove the completed application. If the application is conditionally approved, the Board shall list the conditions necessary to be met by the applicant prior to final approval.
2. In accordance with RSA 676:3, if the application is not approved, the Board shall provide the applicant with written reasons for disapproval. The decision shall be placed on file in the Planning Board's office and shall be made available for public inspection within seventy-two (72) hours after the decision is made and a copy of the decision shall be filed with the Town Clerk.
G. Recording and Filing of Plats
1. No subdivision plat shall be filed or recorded until it has been approved by the Board and all outstanding fees have been paid by the applicant. Approved plans shall be endorsed in writing on the plat with the signature of the Chairman of the Board or the acting Chairman as directed by a majority of the Board.
2. The approved plat will be registered at the Rockingham County Registry of Deeds by the Board at a fee equal to the fee schedule of the Register of Deeds plus an administrative fee of $40.00.
H. Rules for Conducting Hearings
The Board has adopted rules of procedure in accordance with RSA 676:1 and they are available at the Town Hall.
I. Developments of Regional Impact
In accordance with RSA 36:54-58, the Board shall review all subdivision plans to determine if they have regional impact and shall follow the notification procedures required in RSA 36:57.
J. Land Affected by Municipal Boundaries
In the case where an owner of contiguous land which is located in more than one municipality applies to the Board for subdivision the proceedings will be done in conformance with the standards outlined in RSA 674:53, Land Affected by Municipal Boundaries.
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