A.
Within six months of acceptance of the sketch plan by the Planning Board, the developer shall submit an application for a preliminary plan to the Land Use Office. Fifteen copies of the preliminary plan and all supporting materials must be submitted at least 14 days prior to a regularly scheduled Planning Board meeting in order to be placed on the Board's agenda. Failure to submit an application and plan within the six-month time frame shall require resubmission of the sketch plan to the Board. The preliminary plan shall resemble the layout shown on the sketch plan as well as any recommendations made by the Board.
[Amended 11-3-2020 STM by Art. 3]
B.
The application for the preliminary plan shall be accompanied by a fee previously established by the Select Board. An additional fee shall be required to cover the costs of advertising associated with the public hearing. The Board may continue to require replenishment of the escrowed funds for consulting fees as authorized in § 240-5.3B, so that it may continue to employ consultants during the preliminary plan application review, if necessary.
[Amended 11-3-2020 STM by Art. 3]
C.
The applicant, or the applicant's duly authorized representative, shall attend the meeting of the Planning Board to present the preliminary plan application. Failure to attend the meeting to present the preliminary plan application shall result in a delay of the Board's review of the plan until the next meeting at which the applicant is present.
D.
At least 14 days prior to the Planning Board meeting at which an application for preliminary plan of a subdivision is initially presented, the Land Use Office shall:
[Amended 11-3-2020 STM by Art. 3]
(1)
Issue a dated receipt to the applicant.
(2)
Notify, in writing, all owners of abutting property that an application for subdivision approval has been submitted, specifying the location of the proposed subdivision and including a general description of the project.
(3)
Notify the Town Clerk and the Planning Board of the neighboring municipalities if any portion of the subdivision abuts or crosses the municipal boundary.
E.
Within 45 days of the receipt of the preliminary plan application, the Board shall determine whether the application is complete at a scheduled meeting and notify the applicant, in writing, of its determination. If the application is not complete, the Board shall notify the applicant of the specific additional material needed to complete the application.
[Amended 11-3-2020 STM by Art. 3]
F.
Upon determination that a complete application has been submitted for review, the Board shall determine whether or not to hold a public hearing on the preliminary plan application. In the event that the Planning Board determines to hold a public hearing on an application for approval of a subdivision, it shall hold such hearing within 45 days of receipt by it of a completed application and shall cause notice of the date, time and place of such hearing to be published in a newspaper of local circulation, at least two times, the date of the first publication to be at least seven days prior to the hearing. A copy of the notice shall be sent by first class mail to abutting landowners and to the applicant, at least 10 days prior to the hearing. The Land Use Office shall prepare a written certification of the date, time, and location when and where notices were mailed. In addition, the notice of the hearing shall be posted in at least three prominent public places within the municipality at least 10 days prior to the hearing.
[Amended 11-3-2020 STM by Art. 3]
G.
The Land Use Office shall notify the Director of Public Works, Police Chief, and Fire Chief of the proposed subdivision application. The Board shall request that these officials review the application and comment upon the adequacy of their department's existing capital facilities to service the proposed development. The Land Use Office shall also notify the Conservation Commission of the application, request comments on whether the application meets the standards of Town ordinances with respect to environmental matters, and invite the Commission to participate in any scheduled hearings.
H.
Within 30 days of a public hearing or within 60 days of finding the application complete if no hearing is held, or within such other time limit as may be otherwise mutually agreed to, the Planning Board shall take action to give preliminary approval, with or without conditions, or deny such preliminary plan. The reasons for any conditions required or the grounds for denial shall be stated upon the record of the Planning Board and shall be issued, in writing, to the applicant.
[Amended 11-3-2020 STM by Art. 3]
I.
When granting approval of a preliminary plan, the Planning Board shall state the conditions of such approval, if any, with respect to:
(1)
The specific changes which it will require in the final plan.
(2)
The character and extent of the required improvements for which waivers of submissions or review standards may have been requested and which, in its opinion, may be waived without jeopardy to the public health, safety and general welfare.
J.
Approval of a preliminary plan shall not constitute approval of the final plan, but rather it shall be deemed an expression of approval of the design submitted on the preliminary plan as a guide to the preparation of the final plan. The final plan shall be submitted for approval by the Planning Board and for recording upon fulfillment of the requirements of these standards and the conditions of the preliminary approval, if any. Prior to approval of the final plan, the Planning Board may require additional changes as a result of further study of the project in final form or as a result of new information obtained at any public hearings.