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.
[Amended 10-24-2024]
A.
The applicant may submit a plan for design review to the Planning Department not less than 30 days before any regular meeting of the Board. This step may aid both the applicant and the Board in reviewing the proposal. Applications which propose to create five or more parcels of land are required to submit for preliminary review prior to the submission of an application for formal consideration. 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 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:
[Amended 4-11-2017 ATM by Art. 29; 10-24-2024; 6-12-2025]
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 to exceed 12 months.
(1)
Amendments to a conditionally approved plan, including on- or off-site modifications, may be permitted for minor plan changes. Amendments must be administrative in nature and not involve discretionary judgment, whether or not imposed by the Board, a result of state permitting, or by the applicant.
(2)
Conditionally approved plans which have been amended and do not meet the above criteria shall be reviewed by the Board at a noticed public hearing prior to final approval being granted.
(3)
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 which 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)
Conditional approvals shall not exceed 24 months. 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.
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.
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:
(1)
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.
(2)
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.
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.