[1]
Editor's Note: Former § 110-5, Minor review, was
repealed 8-25-2022.
The application for a full review shall be made to the Planning Board. The applicant shall follow the process specified in §§ 110-7 through 110-18 of this chapter. In the case of approved full review applications, approved plans shall be signed and recorded at the Registry of Deeds. The following shall apply:
A.
Submit to the Planning Director a complete application in accordance
with the checklist for application completeness.[1] Applicants are advised to utilize this checklist themselves
to avoid submitting incomplete applications, which will cause delays.
Note that other governmental approvals must be applied for at the
time of application submission, though the actual permit or approval
may be a condition of site plan Review approval.
[Amended 4-11-2017 ATM by Art. 29]
[1]
Editor's Note: The checklist is attached to the application
form.
B.
Plans and plats shall be prepared by New Hampshire licensed surveyors
and possibly professional engineers for a full review application.
The following are the standards which shall be met:
(1)
Sheet size. Sheet size shall not exceed 24 inches by 36 inches.
(2)
Scale. The scale of all plats shall be at least one inch equals 40
feet or larger (e.g., one inch equals 30 feet; one inch equals 20
feet, etc.).
(3)
Supplemental plans. In the event that there are plan sheets accompanying
the primary site plan plat, and because only the plat will be recorded
at the Registry of Deeds, all supplemental plan sheets shall be referenced
by title and latest date of revision on the plat to be recorded.
(4)
NH licensed surveyors and professional engineers. The detailed boundary
survey and other related survey information, including but not limited
to setbacks, building locations and topography, shall be certified
by a NH licensed surveyor regarding its accuracy. Road design, drainage,
and floodplain construction shall be certified by a NH licensed professional
engineer to meet all applicable standards and regulations. Certification
shall be indicated on plans by professional stamp and the accompanying
signature. In all cases, the plat to be recorded shall be certified
by the surveyor and/or professional engineer.
C.
The Planner shall prepare a written review of the application and
provide it to the Planning Board one week prior to application acceptance.
The Planner shall be responsible for obtaining the input of other
Town staff. Applicants may pick up at Town Hall a copy of the written
review as soon as it is available to the Board.
D.
The Planning Board should conduct a site visit prior to application
approval. When possible, this site visit shall precede application
acceptance to ensure that the Board is familiar with the site prior
to any discussions.
Preapplication meetings are permitted for minor review and major
review applications, and are highly recommended by the Board. Such
meetings can identify potential problems in an application prior to
major investments in site design by the applicant. Per RSA 676:4,
II, all preapplication meetings are optional at the applicant's discretion
and are separate and apart from the formal consideration of the application.
The following shall apply:
A.
Preliminary conceptual consultation. This meeting shall be directed
at a review of the basic concept of the proposal and suggestions that
might be of assistance in resolving problems with meeting requirements
during final consideration. Such consultation shall not bind either
the applicant or the Board, and statements made by Board members shall
not be the basis for disqualifying said members or invalidating any
action taken. The Board and applicant may discuss proposals in conceptual
form only and in general terms, such as desirability of types of development
and proposals under the Master Plan. Such discussion may occur without
the necessity of giving formal public notice, but such discussions
may occur only at formal meetings of the Board.
B.
Design review. The Board and applicant may engage in nonbinding discussions beyond conceptual and general discussions which involve more specific design, planning and engineering details; provided that the design review may proceed only after formal public notice to the public and all abutters. Statements made by Board members shall not be the basis for disqualifying said members or invalidating any action taken. The applicant shall pay appropriate public notice fees as specified in § 110-8B, and shall provide all required materials and information required for public notice per §§ 110-11 and 110-12.
[Amended 7-28-2016; 4-11-2019]
In accordance with RSA 676:4, I(g), and RSA 674:44, V, the applicant
shall pay the following fees to compensate the Town for its expenses
in processing, noticing and reviewing each application:
A.
An application for a site plan review shall not be considered complete
unless it includes a filing fee of $200 and $40 per new motel/hotel/transient
room/suite and $40 per new dwelling unit and $0.10 per gross square
foot of any other new nonresidential floor space. The applicant shall
also submit a recording fee of $40 per plan sheet to be recorded and
$20 for each 8.5 inch by 11 inch page to be recorded.
B.
All costs of notices, whether mailed, posted or published, shall
be paid in advance by the applicant. Failure to pay costs shall constitute
valid grounds for the Board to terminate further consideration and
to disapprove the application without a public hearing. The notice
cost shall be $10 per abutter (or any other party notified and $40
for the published notice.
C.
A Tax Map amendment fee of $75 shall be assessed for each plan sheet
to be used to amend the Town's Tax Maps. Said fee shall be paid by
the applicant prior to final approval.
D.
Applications that require an engineering review shall be assessed a fee of $100 per hour. Said fee shall be paid by the applicant prior to final approval. In the event that the Town Engineer is not available to review an application, said review shall be performed in accordance with Subsection E.
E.
The Board may require special investigative studies, environmental
assessments, a legal review of documents, administrative expenses
and other matters necessary to make an informed decision. The cost
of such studies and investigations shall be paid by the applicant
prior to final approval or disapproval. The applicant shall submit
funds based on the estimated costs to the Town prior to the Town procuring
such studies and investigations. The individual or company engaged
shall work for and report directly to the Town. The individual or
company chosen shall be agreeable to both the Town and applicant.
F.
When a completed application is submitted to the Town, it will be
reviewed by Planning Department staff. Comments will be made in writing
and forwarded to the applicant. If the plans are resubmitted by the
applicant without addressing the original comments and requests or
if design does not conform to the Town's adopted standards, the applicant
will be charged an additional fee of $60 per hour. Said fee shall
be paid by the applicant prior to final approval.
G.
A plan scanning fee of $10 per sheet shall be assessed to facilitate
digitizing the final approved plans.
H.
A Land and Community Heritage Program (LCHIP) surcharge fee of $25
shall be assessed for any plans to be recorded. This fee shall be
submitted in the form of a check payable to the Carroll County Registry
of Deeds.
I.
A site inspection fee of $60 per hour shall be assessed to facilitate
progress and final inspections. Said fee shall be paid by the applicant
prior to final release of surety or a final certificate of occupancy.
All materials to be submitted to the Planning Board for consideration
shall be submitted prior to the meeting so that staff, Board members
and abutters may have sufficient opportunity to review the application
without unnecessarily delaying the proceeding of the meeting. The
following shall apply:
A.
Application acceptance. In accordance with RSA 676:4, I(b), all materials
required to constitute a complete application shall be submitted to
the Town at least 22 days prior to the meeting at which it will be
considered for application acceptance.
B.
Other public hearings. New materials shall be submitted to the Town
at least 22 days prior to a meeting when a new public notice is required.
C.
Continued meetings. When consideration of an application is continued
and new information is required, the Board shall specify the deadline
for filing this new information. In no case shall it be less than
10 days prior to the meeting. The deadline shall be stated in the
motion to continue.
The Planning Board shall not grant a final approval to an application
until all other government permits and approvals are obtained. The
only exception to this requirement shall be when state or federal
permits require prior local approval. All applicants are advised to
apply early for these other approvals to avoid unnecessary delays
in obtaining Town final approval. (Note: Applicants unfamiliar with
the Town of Conway should be aware that there are eight independent
and sometimes overlapping municipal precincts within the Town, and
that each may require permits or approvals for matters such as fire
safety and water/sewer service.)
Public notice pursuant to RSA 676:4, I(d) shall be required
for site plan reviews. The public notice shall identify the property
owner, the location, and a general description of the proposal.
B.
Public notice shall be mailed to the applicant, holders of conservation,
preservation or agricultural preservation restrictions, the applicant's
authorized representative, and each abutter at least 10 days prior
to the meeting for which the notice is required. Such notification
shall be mailed by certified mail.
(1)
Using the abutters list form provided by the Town, the applicant
shall prepare a current list of abutters no sooner than five days
prior to the submission of the application. In the case of an abutting
property being under condominium or other collective form of ownership,
the term "abutter" means the officers of the collective or association.
It shall be the applicant's responsibility to ensure that the names
and addresses regarding officers of a collective or association noticed
under this article are current and complete. In the case of an abutting
property being in another municipality, it shall be the applicant's
responsibility to ensure that the names and addresses regarding those
properties are current and complete; and
(2)
The applicant shall provide an adhesive mailing label for each party
on the abutters list, including the applicant and authorized representative.
C.
Public notice shall be posted at Town Hall and one other public place
at least 10 days prior to the meeting.
D.
Public notice shall be published in a newspaper of general circulation.
This notice shall be sent to the newspaper at least 10 days prior
to the meeting.
E.
Continuation of a meeting or public hearing shall not require new
public notice, provided that, at the prior hearing, the Board shall
state the location, date, time at which the continued session will
resume, and deadlines for the submission of new or updated materials.
In accordance with RSA 36:54 through 58, applications which
might have a regional impact shall require additional notice and by
state law require additional time for public notice.
A.
Determination of potential for regional impact shall be found only
for applications which qualify for full review, and further which
meet any of the following impacts:
(1)
Any portion of the property is located within 1,000 feet of the Town
of Conway border;
(2)
The proposal involves 10,000 square feet or more of new nonresidential
floor space;
(3)
The proposal involves 50 or more residential units;
(4)
The proposal involves property located on a Great Pond which crosses
municipal boundaries; or
(5)
Other as the Board may reasonably determine.
B.
Notice shall be sent by certified mail 14 days in advance of the
scheduled public hearing to the North Country Council and to each
Town reasonably likely to be affected, with each governmental entity
to be considered an abutter for purposes of computing public notice
fees.
Before an application is reviewed by the Board, it must be accepted by a formal vote of the Board. The applicant shall attend this meeting to ensure that questions can be answered and issues clarified if necessary. Per RSA 676:4, I(b), the Board shall vote to accept the application only if it determines that the application is complete per this chapter, and such decision must occur within 30 days of application submission per RSA 676:4, I(c). Upon acceptance, review of the application may proceed. If an application is not accepted, the Board may proceed with design review, but as stated in § 110-7, such discussion shall not be binding on the applicant or Board. The design review meeting may be continued to another date for application acceptance without further notice.
Following application acceptance, at each meeting, the Board
shall offer an applicant no more than 10 minutes in which to make
a general presentation to the Board and the audience. The applicant
is solely responsible for bringing any audiovisual materials and equipment
needed. This presentation should include a brief description of the
proposed project and a general description of the design, layout,
and so forth. This is not the forum to raise specific issues, so the
presentation should remain general. The presentation will be cut off
at 10 minutes to avoid unnecessary delay to subsequent applicants.
The Board shall open a public hearing following application
acceptance and the applicant's presentation (if any). The purpose
shall be to solicit public input, comments, questions and concerns.
The Chairman may temporarily suspend public comment during the public
hearing to allow the Board time to deliberate, vote on waivers, and
so forth. The public hearing may be continued if an additional meeting
is required. Only when all pertinent, new public input is complete
shall the hearing be closed. The applicant shall be responsible for
attending the public hearing, including all continuations, to ensure
that questions can be answered and issues clarified if necessary.
Pursuant to RSA 676:4, I(c), the Board shall issue a decision
within 65 days of application acceptance, subject to time extensions
as per RSA 676:4, I(f). Applications that are not accepted require
no decision. The Board must approve, conditionally approve, or deny
the application, as follows:
A.
Approval. The Board shall grant approval to an application when it
fully complies with this chapter, including both design standards
and compliance with procedures, subject to waivers granted and grandfathered
rights.
B.
Conditional approval.
(1)
The Board may grant conditional approval to an application when minor
additional action by the applicant will bring the application into
full compliance for approval. This may include payment of fees, changes
in design, and other matters, subject to the requirements of RSA 676:4,
I(i):
(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 governmental units.
(2)
Conditional approvals shall be assigned an expiration date which
is coincident with a regularly scheduled meeting not more than 90
days from the date when the conditional approval is granted. The Planning
Board may, at its discretion, extend the expiration date beyond 90
days. However, in no case shall the expiration date be extended beyond
one year from the original date when the conditional approval was
granted unless the Planning Board for good cause agrees to extend
the conditional approval for an additional period of time beyond that
one-year period.
C.
Disapproval. The Board shall disapprove an application when it fails
to comply with the design standards or procedures of this chapter,
for failure to meet reasonable deadlines established by the Board,
or for failure to pay fees. If the Board includes the phrase "without
prejudice" in the motion to disapprove, it signifies that the application
was denied for procedural reasons rather than design reasons, and
that it may be resubmitted without design changes as a new application
to the Board at a later date.
As required by RSA 676:3, within 72 hours of the meeting the
Town shall issue a notice of decision which states the final decision
reached by the Board regarding the application. In the case of a conditional
approval, the notice of decision shall state all conditions to be
met for final approval. Upon fulfillment of the stated conditions,
the Board shall issue a new notice of decision stating that all conditions
have been satisfied, and shall sign and record the plats if applicable.
In the case of a denial, the notice of decision shall state the reasons
for denial as required by RSA 676:4, I(h) and RSA 676:3, I.
Any person aggrieved by any decision made in the course of applications
pursuant to this chapter may appeal as follows:
A.
A staff decision regarding a staff review may be appealed to the
Planning Board. This appeal shall be made in writing and must be submitted
to the Town within 30 days of the issuance of the notice of decision.
The Board shall, at its own expense, hold a noticed public hearing
to determine if it upholds or overturns the decision.
B.
Any decision of the Board may be appealed to Carroll County Superior
Court in accordance with RSA 677:15.
