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 appear at a regular meeting of the Planning Board to discuss a proposal in conceptual form and in general terms. Such preliminary consultation shall be informal and directed towards:
(1) 
Reviewing the basic concepts of the proposal.
(2) 
Reviewing the proposal with regards to the desirability of types of development and proposals under the Town's Master Plan and Chapter 190, Zoning, of the Conway Code.
(3) 
Guiding the applicant relative to necessary state and local requirements.
B. 
Conceptual consultation and review shall not bind the applicant or the Board. Such discussion may occur without formal public notice as provided in §§ 130-10 and 130-11. However, no discussions beyond the conceptual and general review shall take place as described in § 130-11.
C. 
Conceptual consultation and review shall be separate and apart from formal consideration under §§ 130-7 and 130-8, and the time limits for acting under § 130-9 shall not apply until a formal completed application is submitted.
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:
(1) 
A list of all abutters and their addresses and mailing labels.
(2) 
A check to cover mailing and advertising costs as stated in § 130-12.
(3) 
A preliminary plan in accordance with § 130-22 stamped "design review" to distinguish it from a completed application.
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.
C. 
Notice of the submission of a preliminary layout shall be given as provided in § 130-11.
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.
(3) 
A check, payable to the Board, to cover filing fees, mailing, advertising, recording and other costs as provided in § 130-12.
(4) 
Four paper print copies of the preliminary layout in accordance with and accompanied by the information required in § 130-23.
A. 
The completed application shall be filed with the Secretary or the Chairman of the Board at least 30 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.
[Amended 10-12-2023]
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:
(1) 
Abutters' identification and information required for preliminary layout.
(2) 
Failure to pay costs of notices or other costs and fees required by these regulations.
(3) 
Failure to meet any reasonable deadline established by these regulations.
(4) 
Failure to provide the appropriate plans.
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.
D. 
If the Planning Board has not obtained an extension as provided in Subsection A and has not taken action to approve or disapprove the completed application within 65 days of its acceptance, the applicant may seek review as provided in RSA 676:4.
[Amended 4-11-2017 ATM by Art. 29]
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.