[Amended 1-10-2018]
A plan for a residential subdivision of land consisting of more
than five (5) lots or any subdivision not classified as either an
administrative subdivision or minor subdivision shall be reviewed
subject to the provisions of this article. All nonresidential land
development projects shall be considered as major land development.
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Major plan review shall consist of three (3) stages:
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Master Plan.
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Preliminary Plan.
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Final Plan.
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following the pre-application meeting(s) specified in Article III. Also required is a public informational meeting and a public hearing.
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1.
The Planning Board may vote to combine the approval stages, providing
requirements for both stages have been met by the applicant to the
satisfaction of the Board.
1.
Submission requirements.
a)
The applicant shall first submit to the Administrative Officer the
items required by these regulations for master plans.
b)
Requirements for the master plan and supporting material for this
phase of review shall include, but not be limited to: information
on the natural and built features of the surrounding neighborhood,
existing natural and man-made conditions of the development site,
including topographic features, the freshwater wetland and coastal
zone boundaries, the floodplains, as well as the proposed design concept,
proposed public improvements and dedications, tentative construction
phasing, and potential neighborhood impacts.
c)
When an application is submitted for Master Plan approval, the applicant
shall submit to the applicable Town, state or private agency as provided
in the Master Plan Checklist for Major Land Developments and Major
Subdivisions,[1] a copy of the Master Plan narrative report for their review
and comment. Comments may be solicited from (1) Town agencies including,
but not limited to, the town planner, the Department of Public Works,
Fire and Police departments, the conservation commission; (2) adjacent
communities, as appropriate; (3) state agencies, as appropriate, including
the Departments of Environmental Management and Transportation, and
the Coastal Resources Management Council; and (4) federal agencies,
as appropriate. Each agency so notified by the applicant shall be
requested to provide its comments on a form to be provided to the
applicant by the Administrative Officer. Comments shall be received
from each agency prior to the date of the informational meeting. All
such written forms and supplementary material shall be delivered to
the Administrative Officer by the reviewing agency within the time
limits prescribed. If comments are not received by the Administrative
Officer by that date, it shall be assumed that the agency does not
wish to comment.
The Administrative Officer shall receive and coordinate review
and comments by said agencies and officials.
[1]
Editor's Note: The Checklist is included as an attachment
to this chapter.
d)
Each department or agency to which such a request for comments is
made shall deliver to the Administrative Officer a completed written
form, and any supplementary material, which shall describe:
(1)
An estimate of the impact of the subdivision on the facilities
and/or services provided by the department or agency;
(2)
Whether existing facilities and/or services are adequate to
serve the subdivision's residents;
(3)
Whether plans for the necessary improvements to existing facilities
and/or services are included in the Town's Capital Improvement
Program or are otherwise planned; and,
(4)
An estimate of how long it would take to provide any necessary
improvements to existing facilities and/or services.
2.
Certification. The application must be certified, in writing, complete or incomplete by the Administrative Officer within twenty-five (25) days, according to the provisions of Article III. The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission.
[Amended 1-10-2018]
3.
Informational meeting. A public informational
meeting shall be held prior to the Planning Board decision on the
master plan, unless the master plan and preliminary plan approvals
are being combined, in which case the public informational meeting
shall be optional, based upon Planning Board determination.
a)
Public notice for the informational meeting is required and shall
be given at least seven (7) days prior to the date of the meeting
in a newspaper of general circulation within the Town. Postcard notice
shall be mailed to the applicant and to all property owners within
the notice area, as specified by Town regulations.
b)
At the public informational meeting the applicant shall present the
proposed development project. The Planning Board shall allow oral
and written comments from the general public. All public comments
shall be made part of the public record of the project application.
4.
Decision. The Planning Board shall, within ninety (90) days of certification of completeness, or within such further time as may be consented to by the applicant, through the submission of a written waiver, approve of the master plan as submitted, approve with changes and/or conditions, or deny the application, according to the requirements of Article XIII. All changes and conditions shall be noted on the plans prior to signature by the appropriate Planning Board official and recording.
[Amended 1-10-2018]
a)
The Planning Board may, at the master plan stage of review, require that the development be completed in phases, per the provisions of Article VII. Any such phasing shall be noted on the plans.
b)
A landscaping plan may be required as part of site plan and subdivision
design as part of Master Plan approval for major subdivisions.
c)
The Planning Board may require that up to five percent (5%) of the
subdivided area be set aside for permanent open space or recreation
purposes. A fee in lieu of such dedication may be set by the Planning
Board to be used for open space or recreation purposes near the proposed
subdivision.
5.
Failure to act. Failure of the Planning Board
to act within the period prescribed shall constitute approval of the
master plan and a certificate of the Administrative Officer as to
the failure of the Planning Board to act within the required time
and the resulting approval shall be issued on request of the applicant.
6.
Vesting.
[Amended 1-10-2018]
a)
The approved master plan shall be vested for a period of two (2)
years, with the right to extend for two (2) one-year extensions upon
written request by the applicant, who must appear before the Planning
Board for the annual review. Vesting may be extended for a longer
period, if requested by the applicant in writing and approved by the
Planning Board, as long as it can be proven, to the satisfaction of
the Planning Board, that work is proceeding on either the approval
stages or on the construction of the development as shown in the approved
master plan documents. Master plan vesting shall include the zoning
requirements, conceptual layout and all conditions shown on the approved
master plan drawings and supporting materials.
b)
The initial four-year vesting for the approved master plan shall
constitute the vested rights for the development as required in the
Zoning Ordinance.
1.
Submission requirements.
a)
The applicant shall first submit to the Administrative Officer the
items required by these regulations for preliminary plans.
b)
Requirements for the preliminary plan and supporting materials for
this phase of the review shall include, but not be limited to: engineering
plans depicting the existing site conditions, engineering plans depicting
the proposed development project, a perimeter survey, all permits
required by state or federal agencies prior to commencement of construction,
including permits related to freshwater wetlands, the coastal zone,
floodplains, preliminary suitability for individual septic disposal
systems, public water systems, and connections to state roads.
c)
Final written comments and/or approvals of the Department of Public
Works, the Town solicitor, other Town government departments, commissions,
or authorities as appropriate.
d)
Prior to approval of the preliminary plan, copies of all legal documents
describing the property, proposed easements and rights-of-way.
2.
Certification. The application must be certified, in writing, complete or incomplete by the Administrative Officer within twenty-five (25) days, according to the provisions of Article III. The running of the time period set forth herein will be deemed stopped upon the issuance of a certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten (10) days after its resubmission.
[Amended 1-10-2018]
3.
Public hearing. Prior to Planning Board decision
on the preliminary plan, a public hearing, which adheres to the requirements
for notice described in Section E herein, must be held.
4.
Public improvement guarantees. Proposed arrangements
for completion of the required public improvements, including construction
schedule and/or financial guarantees shall be reviewed and approved
by the Planning Board at preliminary plan approval.
5.
Decision. A complete application for a major
subdivision or development plan shall be approved, approved with conditions
or denied within ninety (90) days of the date when it is certified
complete, or within such further time as may be consented to by the
developer, through the submission of a written waiver. All changes
and conditions shall be noted on the plans prior to signature by the
appropriate Planning Board official and recording.
[Amended 1-10-2018]
6.
Failure to act. Failure of the Planning Board
to act within the period prescribed shall constitute approval of the
preliminary plan and a certificate of the Administrative Officer as
to the failure of the Planning Board to act within the required time
and the resulting approval shall be issued on request of the applicant.
7.
Vesting. The approved preliminary plan shall
be vested for a period of two (2) years with the right to extend for
two (2) one-year extensions upon written request by the applicant,
who must appear before the Planning Board for the annual review and
provide proof of valid state or federal permits as applicable. Thereafter,
vesting may be extended for a longer period, for good cause shown,
if requested, in writing by the applicant, and approved by the Planning
Board. The vesting for the preliminary plan approval shall include
all general and specific conditions as shown on the approved preliminary
plan drawings and supporting material.
[Amended 1-10-2018]
1.
A public hearing shall be required for a major land development project
or a major subdivision or where a street extension or creation requires
a public hearing for a minor land development project or minor subdivision.
2.
Notice requirements. Public notice of the
hearing shall be given at least fourteen (14) days prior to the date
of the hearing in a newspaper of general circulation within the Town
following the Town's usual and customary practices for such advertising.
Notice shall be sent to the applicant and to each owner within the
notice area as below, by certified mail, return receipt requested,
of the time and place of the hearing not less than ten (10) days prior
to the date of the hearing. All notices shall specify the general
nature of the hearing, and shall also include the street address of
the subject property, or if no street address is available, the distance
from the nearest existing intersection in tenths (1/10's) of
a mile. These regulations may require a supplemental notice that an
application for development approval is under consideration be posted
at the location in question. Such posting shall be for informational
purposes only and shall not constitute required notice of a public
hearing.
3.
Notice area and recipients.
a)
All abutting property owners to the proposed development's property boundary, as defined in Article II Definitions, shall receive notice.
c)
Adjacent municipalities. Notice of the public hearing shall be sent
by the Administrative Officer to the Administrative Officer of an
adjacent municipality if (1) the notice area extends into the adjacent
municipality, or (2) the development site extends into the adjacent
municipality, or (3) there is a potential for significant negative
impact on the adjacent municipality.
d)
A supplemental notice shall be posted at the office of the Town Clerk.
This posting shall be for information purposes only and shall not
constitute required notice of a public hearing.
4.
Notice cost. The cost of notification, including
actual advertising and mailing costs, shall be borne by the applicant.
1.
Submission requirements:
a)
The applicant shall submit to the Administrative Officer the items
required by the Town regulations for final plan, as well as all material
required by the Planning Board when the application was given preliminary
approval. All changes and conditions shall be noted on the plans.
b)
Arrangements for completion of the required public improvements,
including construction schedule and/or financial guarantees.
c)
Certification by the tax collector that all property taxes are current.
d)
For phased projects, the final plan for phases following the first
phase, shall be accompanied by copies of as-built drawings not previously
submitted of all existing public improvements for prior phases.
e)
All changes imposed by other agencies or departments and all other
changes not specifically ordered by the Planning Board shall be noted
by the applicant on the plans and/or in narrative form.
2.
Certification. The application for final plan approval shall be certified complete or incomplete by the Administrative Officer within forty-five (45) days, according to the provisions of Article III. If the Administrative Officer certifies the application as complete and does not require submission to the Planning Board as per Subparagraph 3. below, the final plan shall be considered approved.
3.
Referral to the Planning Board. The Administrative
Officer shall refer the final plans to the Planning Board for review.
The Planning Board shall, within forty-five (45) days after the certification
of completeness, or within such further time as may be consented to
by the applicant, approve or deny the final plan as submitted.
a)
The Board reserves the right to amend its preliminary approval or
conditions if the plans have changed significantly for any reason
since the preliminary approval.
4.
Failure to act. Failure of the Planning Board
to act within the period prescribed shall constitute approval of the
final plan and a certificate of the Administrative Officer as to the
failure of the Planning Board to act within the required time and
the resulting approval shall be issued on request of the applicant.
5.
Recording. The final approval of a major subdivision or land development project shall expire one (1) year from the date of approval unless, within that period, the plat or plan shall have been submitted for signature and recording as specified in Article XIII. The Planning Board may, for good cause shown, extend the period for recording for an additional period.
6.
Acceptance of public improvements. Signature and recording as specified in Article XIII shall constitute the acceptance by the Town of any street or other public improvement or other land intended for dedication. Final plan approval shall not impose any duty upon the Town to maintain or improve those dedicated areas until the Town Council accepts the completed public improvements as constructed in compliance with the final plans.
