Major subdivision plan review shall be required of all applications
for subdivision approval subject to these Regulations, unless classified
as an administrative subdivision or as a minor subdivision. Major
subdivision plan review shall consist of four (4) stages of review:
(1) pre-application, (2) master plan, (3) preliminary plan and (4)
final plan. The Planning Board may vote to combine review stages and
to modify and/or waive requirements. Review stages may be combined
only after the Planning Board determines that all necessary requirements
have been met by the applicant. The Planning Board is required to
hold at least one public informational meeting at the master plan
stage and one public hearing at the preliminary plan stage.
Any applicant requesting approval of a proposed major subdivision,
as defined in these Regulations, shall first contact the Administrative
Officer and follow the procedure and criteria provided below:
One or more pre-application meetings shall be held before the
Planning Board for all major subdivision applications. Pre-application
meetings shall allow the applicant to meet with the Planning Board
for advice as to the required steps in the subdivision approval process.
Where appropriate, town officials, boards and/or commission, may be
notified of the pre-application meetings and invited to provide comments
on the proposed subdivision plan.
An applicant wishing to obtain subdivision approval shall first
contact the Administrative Officer to arrange a meeting with the Planning
Board at a regularly scheduled Board meeting. The applicant shall
submit all the information required by Appendix C - Checklist for
Major Subdivisions. The Administrative Officer will review and comment
on the checklist information and, if determined to be complete, will
schedule the application to appear before the Planning Board. At the
pre-application meeting, the applicant may request the Planning Board
for an informal concept plan review for a development. The purpose
of the concept plan review is to provide the applicant with Planning
Board input in the formative stages of subdivision concept design.
Pre-application meetings shall aim to encourage information sharing
and discussion of project concepts among the participants. Pre-application
meeting should include a review of the physical character of the land,
and any environmental or physical constraints to development. Meetings
should include a discussion initiated by the Planning Board regarding
what form of land development may be appropriate to meet the goals
and policies of the Comprehensive Plan with regard to preserving the
character of the land, the natural environment and the ability of
the Town to provide essential services. Pre-application discussions
are intended for the guidance of the applicant and shall not be considered
approval of a project or of any of its elements. No formal action
need be taken by the Planning Board at the pre-application meeting.
At the conclusion of the pre-application meeting(s) the applicant
may proceed to prepare and file a master plan as required in §
5.3.
[Amended 1-4-2022]
Any applicant requesting approval of a proposed major subdivision,
as defined in these Regulations, shall first submit to the Administrative
Officer the plans and supporting materials provided in Appendix C
- Checklist for Major Subdivisions.
Editor's Note: Appendix C- Checklist for Major Subdivisions
may be found as an attachment to the Code Appendix C, Subdivision
Regulations.
The purpose of the master plan is to provide the applicant with
the opportunity to present an overall plan for a proposed project
site outlining general, rather than detailed, development intentions.
The master plan describes the basic parameters of a major development
proposal, rather than giving full engineering details.
Requirements for the master plan and supporting material for
this phase of review shall include, but not be limited to: information
on the natural and built features of the surrounding neighborhood,
existing natural and man-made conditions of the development site,
including topographic features, the freshwater wetland and coastal
zone boundaries, the floodplains, as well as the proposed design concept,
proposed public improvements and dedications, tentative construction
phasing, and potential neighborhood impacts. (See Appendix C).
Initial comments shall be solicited from (a) Town boards, commissions
and departments including, but not limited to, the Conservation Commission,
the Fire and Police departments, and others deemed necessary by the
Planning Board; (b) adjacent communities; (c) state agencies, as appropriate,
including the Departments of Environmental Management and Transportation,
and the Coastal Resources Management Council; and (d) federal agencies,
as appropriate. The Administrative Officer shall coordinate review
and comments by local officials, adjacent communities, and state and
federal agencies.
The application shall be certified complete or incomplete by
the Administrative Officer within ninety (90) days of its receipt.
The Planning Board shall review the master plan in accordance
with the following procedure:
a. Informational Meeting. A public informational meeting shall be held
prior to the Planning Board decision on the master plan if the preliminary
plan approval as provided in § 5.4 will be acted upon separately.
The public informational meeting shall be optional if the master plan
and preliminary plan approvals are being combined. In the latter case,
review stages may be combined only after the Planning Board determines
that all necessary requirements for all stages so combined have been
met by the applicant.
Public notice for the informational meeting is required and
shall be given at least seven (7) days prior to the date of the meeting
in a newspaper of general circulation within the Town. Postcard notice
shall be mailed by the applicant to all property owners within two
hundred (200) feet of the subject site.
At the public informational meeting the applicant, or his or
her representative(s), shall present the proposed development project
for the benefit of the Planning Board and the public. The Planning
Board shall allow oral and written comments from the general public.
All public comments shall be made part of the public record of the
project application.
b. Decision. The Planning Board shall, within one hundred and twenty
(120) days of certification of completeness of the master plan application,
or within such further time as may be consented to by the applicant,
approve the master plan as submitted, approve with changes and/or
conditions, or deny the application. The Planning Board shall notify
the Town Council of its decision.
c. Failure to Act. Failure of the Planning Board to act within the period
prescribed shall constitute approval of the master plan and a certificate
of the Administrative Officer as to the failure of the Planning Board
to act within the required time and the resulting approval shall be
issued on request of the applicant.
d. Expiration of Master Plan Approval. Approval of a major subdivision
master plan shall expire one (1) year from the date of final approval.
Vesting may be extended for a period of one (1) additional year for
good cause shown, if requested by the applicant in writing and approved
by the Planning Board. The applicant, or his or her representative(s)
shall appear before the Planning Board for the annual review. Vesting
may be extended for a period beyond one (1) year, for good cause shown,
if requested by the applicant in writing and approved by the Planning
Board. Master plan vesting shall include any applicable provisions
of the Zoning Ordinance that were in place at the time of approval,
conceptual layout and all conditions shown on the approved master
plan drawings and supporting materials. The initial two (2) year vesting
for the approved master plan shall constitute the vested rights for
the development as required in the Zoning Ordinance.
[Amended 1-4-2022]
Any applicant requesting approval of a proposed major subdivision,
as defined in these Regulations, shall first submit to the Administrative
Officer the plans and supporting materials provided in Appendix C
- Checklist for Major Subdivisions.
Editor's Note: Appendix C- Checklist for Major Subdivisions
may be found as an attachment to the Code Appendix C, Subdivision
Regulations.
The application shall be certified complete or incomplete by
the Administrative Officer within sixty (60) days of its receipt.
Prior to a Planning Board decision on the preliminary plan, a public hearing shall be required, in accordance with Article
8, § 8.5, for a major subdivision, or where a street extension or creation requires a public hearing for a minor subdivision.
Proposed arrangements for completion of the required public
improvements, including construction schedule and/or financial guarantees
shall be reviewed and approved by the Planning Board at the time of
preliminary plan approval.
The Planning Board shall, within one hundred and twenty (120)
days of certification of completeness of the preliminary plan application,
or within such further time as may be consented to by the applicant,
approve of the preliminary plan as submitted, approve with changes
and/or conditions, or deny the application. The Planning Board shall
notify the Town Council of its decision.
Failure of the Planning Board to act within the period prescribed
shall constitute approval of the preliminary plan and a certificate
of the Administrative Officer as to the failure of the Planning Board
to act within the required time and the resulting approval shall be
issued on request of the applicant.
The approved preliminary plan shall be vested for a period of
one (1) year and vesting may be extended for a longer period for good
cause shown, if requested in writing by the applicant and approved
by the Planning Board. The vesting for the preliminary plan approval
shall include all general and specific conditions as shown on the
approved preliminary plan drawings and supporting material.
[Amended 1-4-2022]
Any applicant requesting final approval of a proposed major
subdivision, as defined in these Regulations, shall first submit to
the Administrative Officer the plans and supporting materials required
Appendix C - Checklist for Major Subdivisions, in addition to any
material required by the Planning Board when the application was given
preliminary approval.
Editor's Note: Appendix C- Checklist for Major Subdivisions
may be found as an attachment to the Code Appendix C, Subdivision
Regulations.
The application for final plan approval shall be certified complete
or incomplete by the Administrative Officer within forty-five (45)
days of its receipt.
The Planning Board shall determine whether or not an application
for final approval meets the conditions and requirements set forth
by the Planning Board in its approval of the preliminary plan of the
subject site and by other provisions of these Regulations. The Planning
Board shall, within forty-five (45) days after the issuance of the
Certificate of Completeness of the application for final plan approval
by the Administrative Officer, or within such further time as may
be consented to by the applicant, approve or deny the final plan as
submitted.
Failure of the Planning Board to act within the period prescribed
shall constitute approval of the final plan and a certificate of the
Administrative Officer as to the failure of the Planning Board to
act within the required time and the resulting approval shall be issued
on request of the applicant.
The final plan of a major subdivision shall expire one (l) year from the date of approval by the Planning Board unless, within that period, the plat or plan shall have been submitted for signature and recording as specified in Article
8. The Planning Board may, for good cause shown, extend the period for recording for an additional period, if requested by the applicant in writing.