Whenever any subdivision of land is proposed, before any construction,
land clearing or building development is begun, before any permit
for the erection of any building in such proposed subdivision shall
be granted and before any subdivision plat may be filed in the Registry
of Deeds of Carroll County, the subdivider or his authorized agent
shall apply for and secure approval of such proposed subdivision in
accordance with the following procedure.
A.
The applicant may submit a plan for design review to the Secretary
of the Board not less than 22 days before any regular meeting of the
Board. This optional step may aid both the applicant and the Board
in reviewing the proposal. The design review submission shall include:
B.
The Board, before taking action on the design review, may discuss
the plan with the applicant, and, after such discussion, the Board
may communicate to the subdivider specific suggestions to assist in
resolving problems prior to the submission of a completed application.
The Board may inform the applicant of any special studies required
by the subdivision regulations that may be required in a completed
application, such as the impact of the proposal on water, sewers,
roads, traffic, schools, fire protection or other municipal services.
D.
Time limits for consideration and action shall not apply to this
submission. Public hearing notice requirements shall apply.
A.
A completed application sufficient to invoke the jurisdiction of
the Board must include sufficient information to allow the Board to
proceed with consideration and to make an informed decision.
B.
The following shall be required for and constitute a completed application:
(1)
An application for subdivision approval properly filled out and executed by the applicant and filed with the Board in accordance with § 130-8 and one set of such names and addresses typed on adhesive mailing labels.
(2)
Using the abutters list form provided by the Town,[1] 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.
[1]
Editor's Note: A sample "List of Abutters" form is included as an attachment to this chapter.
A.
The completed application shall be filed with the Secretary or the
Chairman of the Board at least 22 days prior to a scheduled public
meeting of the Board. 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 fewer than
10 days prior to the meeting. The deadline shall be stated in the
motion to continue.
B.
The completed application shall be formally submitted for acceptance
by the Board only at a regularly scheduled public meeting after due
notification to the applicant, abutters and the general public of
the date the completed application will be submitted and received
by the Board.
C.
An incomplete application filed by the applicant will not be formally accepted by the Board nor will notices of a public meeting be mailed, posted or published as provided under § 130-11.
D.
Applications may be disapproved by the Board without public hearing
on grounds of failure of the applicant to supply information required
by these regulations, including:
A.
The Board shall consider the completed application within 30 days of its acceptance. After review of the completed application and after a duly noticed public hearing, as provided in § 130-10, the Board may grant a conditional approval of the completed application and request the applicant to prepare a final plat as provided for in §§ 130-24 and 130-25. The Board shall act to approve or disapprove the completed application and final plat within 65 days after submission of the completed application, subject to extension or waiver as provided in accordance with RSA 676:4, I(f).
B.
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.
Approval of the final plat shall be certified by written endorsement
of the final plat and signed by the Chairman or Secretary of the Board.
The Chairman or Secretary of the Board shall transmit a copy of the
final plat with such approval endorsed in writing therein to the Registry
of Deeds of Carroll County. The subdivider shall be responsible for
the payment of all recording fees. In case of disapproval of any plat
submitted, the grounds for such disapproval shall be adequately stated
in the records of the Planning Board and written notice given to the
applicant.
Prior to approval of a subdivision, a public hearing shall be held as required by RSA 676:4, I(e), and notice to the applicant and abutters and the public shall be given in accordance with § 130-11. The public hearing shall be held within 30 days after submission of the completed application.
A.
Notice of the submission of a preliminary layout or a completed application
shall be given by the Board.
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,[1] 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
[1]
Editor's Note: A sample "List of Abutters" form is included as an attachment to this chapter.
(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.
[Amended 7-28-2016]
A.
An application for a subdivision shall not be considered complete
unless it includes a filing fee of $200, plus $40 per lot over four
and $40 per unit over one. 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.
An application for a boundary line adjustment shall not be considered
complete unless it includes a filing fee of $100. 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.
C.
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.
D.
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.
E.
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 F.
F.
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 the applicant.
G.
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 the 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.
H.
A plan scanning fee of $10 per sheet shall be assessed to facilitate
digitizing the final approved plans.
I.
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.
J.
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.
A.
As a condition precedent to final approval of any subdivision, the
subdivider shall file with the Board at the time of submission of
the final plat a certified check payable to the Town of Conway, or
a faithful performance bond running to the Town and issued by a surety
company acceptable to the Selectmen, or cash in an escrow account
in the name of the developer and the Town, in an amount of money equal
to the total of the cost of construction of all streets, utilities
and improvements plus a contingency of 15%, as specified on the final
plat.
B.
The Planning Board may waive the requirement to post bond for infrastructure,
but not for site stabilization and erosion control, and grant approval
of the final plat on condition that no lot in the subdivision shall
be sold and that no permit to build shall be issued by the Town of
Conway until all street and utility requirements have been installed
and completed at the subdivider's expense in accordance with all applicable
provisions of the final plat.
An approved subdivision plat shall be recorded with the Carroll
County Registry of Deeds prior to any sale or transfer of land within
the subdivision.
