[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Editor's Note: Former § 110-5, Minor review, was repealed 8-25-2022.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.
[Amended 10-24-2024]
Preapplication meetings are permitted for minor and full review applications, per RSA 674:43. Preliminary review is required for applications which necessitate NHDES Alteration of Terrain permitting, anticipate a major wetland impact as defined in Env-Wt 407.43, propose an increased parking demand of greater than 50 spaces, or intend to request greater than three waivers from this chapter. For all other applications, preliminary review is optional but encouraged. Such meetings can identify potential problems in an application prior to major investments in site design and is separate and apart from formal consideration by the Board. 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.
[Amended 10-12-2023]
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 30 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 30 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.
[Amended 10-24-2024; 6-12-2025]
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 to exceed 12 months. At the Boards discretion, a conditional approval may be extended if the following conditions are met:
(a)
The site remains in compliance with the terms of approval and meets all current public health standards; such as, water quality and sewage treatment requirements;
(b)
Extensions proposed to exceed 18 months from the date of conditional approval must demonstrate the plans are in substantial conformance with regulations and ordinances currently in effect;
(c)
The Board may require a revised construction cost estimate to reflect current values of development, or other materials to represent current conditions;
(d)
Should an application be subject to appeal, expiration dates set by the Board shall be stayed until a final appeal decision is granted and further appeal rights have expired.
(3)
Any amendment to a conditionally approved plan must be for the purposes of meeting a condition of approval or considered a small undertaking per § 110-4 and meets the criteria of § 110-16B(1)(a).
(4)
Final approval is granted by the Chairman or Secretary of the Board by signing of the final plans when conditions of approval have been met. If a conditionally approved plan is amended and does not meet the criteria of § 110-16B(1), including on- or off-site improvements, final approval may only be granted by the Board following a noticed public hearing regarding the application and applicable amendments.
(5)
Pursuant to RSA 674:39, final approvals are exempt from subsequent regulation and ordinance amendments, with the exception of any sewage treatment requirements and regulations expressly protecting public health or water quality, when all of the following standards are met:
(a)
Within 24 months of final approval, active and substantial development in accordance with the terms of approval has been achieved. The Board may specify, as part of an approval, a more restrictive timeframe as well as a specific threshold which constitutes active and substantial development of the improvements with regard to the scope of a proposed application.
(b)
Within five years of final approval, substantial completion of improvements as indicated on the approved plan and in accordance with the terms of approval has occurred. The Board may specify, as part of an approval, a more restrictive timeframe as well as a specific threshold which constitutes substantial completion of the improvements with regard to the scope of a proposed application.
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.