A. 
In order to facilitate existing land and business owners who may from time to time seek to amend the use of or minimally alter or expand existing commercial/industrial or multifamily structures, the Planning Board may, after submittal of a duly executed application for a site plan determination and conducting a duly noticed public hearing, grant approval for the same without the need for a complete and formal site plan review application.
B. 
Prior to submission of an application for a site plan determination, potential applicants are encouraged to discuss the pending proposal with the Planning Director, who may generally advise such potential applicant as to whether or not said proposal meets the Planning Board's requirements for approval under this section.
C. 
Applicants seeking a site plan determination by the Planning Board shall submit a duly executed site plan determination application on forms provided by the Planning Department, together with any exhibits or fees required as part of the same.
D. 
At a duly noticed public hearing, the Planning Board shall consider the applicant's request and make a determination as to whether or not the applicant's proposal is eligible for approval under this section. After such deliberations, the Planning Board may grant approval to the applicant enabling the applicant to proceed with his/her proposal after issuance of any required local building permits and/or state or local utility permits; grant approval to the application subject to specific conditions; or deny the application.
E. 
In cases where an application for a site plan determination is denied, the applicant may submit an application for site plan review under the terms and conditions of these regulations.
A. 
Prior to formal application for site plan approval, an applicant, or his authorized agent, may request an informal consultation under RSA 676:4, II(a) with the Board to discuss the proposal and preliminary concepts associated with the proposed development and to provide the Board an opportunity to provide its input in order to assure conformance with current regulations.
B. 
This consultation shall bind neither the applicant nor the Board.
C. 
This consultation shall be limited to conceptual discussions related to the desirability of the proposed development and its conformance with the Master Plan and these regulations.
D. 
This consultation shall occur only at a regular or special meeting of the Board.
E. 
This consultation shall not require formal public notification unless, in the opinion of the Planning Director and/or the Planning Board, the anticipated topics of discussion contain specific details of a future site development proposal generally reserved for the design review phase or final application phase, in which case the consultation must be held under the provisions of § 170-53, Design review phase.
F. 
Plan review under this section shall not constitute a completed application nor formal acceptance by the Board under RSA 676:4, I(c), nor shall any plans submitted for conceptual consultation be deemed to be a completed application under that section.
A. 
Design review phase is not required but is strongly recommended, particularly in cases of developments of significant size or complexity.
B. 
Design review phase shall be used for design review under RSA 676:4, II(b). In the design review, the Board may engage in nonbinding discussion with the applicant which may extend beyond conceptual and general terms.
C. 
Design review phase shall not constitute a completed application nor formal acceptance under these regulations or under RSA 676:4, I(c), nor shall any plan submitted for design review be deemed to be a completed application under this section.
D. 
Design review phase review may occur only after notice and publication as prescribed under RSA 676:4, I(d).
E. 
Eight copies of the design review phase submittal as described in § 170-60 of these regulations shall be filed with the Board at the time of design review phase application. The Board will then study the preliminary site layout and proposed streets in connection with the topography of the area, the existing requirements of the community, and the best use of the land to be developed and that of the adjoining areas.
F. 
The Board may hold discussions with the applicant or his agents and may hear and confer with other parties whose interests may be affected by the proposed layout. After such discussions, the Board shall communicate to the developer the specific changes, if any, which it may require as prerequisite to the subsequent approval of the final site plan.
A. 
At the initial public hearing of a final site plan application, the Board shall determine whether or not the submitted application is complete according to the regulations of the Board as set out in § 170-61 of these regulations and pursuant to RSA 676:4, I(c). Such determination shall be made by vote of the Board within 30 days of delivery of the application. If the Board determines that the application is not complete, the Board shall notify the applicant in writing of the determination in accordance with RSA 676:3 and shall state in that notice the information, procedure or other requirement necessary for the application to be complete.
B. 
If the Board determines that a final site plan application is complete according to the regulations of the Board, the Board shall vote to accept the application for jurisdiction. The Board shall then begin formal consideration of the application.
C. 
Before the final application is approved or disapproved, the Board shall hold a public hearing on the plan.
D. 
The Board shall vote to approve, approve subject to conditions, or disapprove the application within 65 days of the vote that the application is complete unless:
(1) 
Upon application by the Planning Board, the Town Council grants an extension not to exceed an additional 90 days; or
(2) 
The applicant waives this requirement in writing and consents to a mutually agreeable extension of time.
E. 
If the Planning Board fails to act within the time specified by these regulations, RSA 676:4, or any previously agreed extension, then the applicant may apply to the Town Council for relief as described in RSA 676:4, I(c).
F. 
The Town Council is hereby specified as the municipal board which shall issue, on behalf of the Board, a certificate of failure on the part of the Planning Board to take action on approval or disapproval of a plat submitted to it, as provided in RSA 676:4, I(c)(1).
A. 
Unless exempted under the provisions of § 165-115A(2) of Chapter 165, Zoning, every multifamily site plan applicant must complete an application for a specific permit under the Growth Management Ordinance (GMO)[1] to be submitted to the Planning Director at the same time as, and as a part of, the final application. No final application shall be deemed to be complete under these regulations unless and until the application for special permit has been submitted and a report thereon, as required by § 165-115B(1) of Chapter 165, Zoning, has been submitted to the Planning Board.
[1]
Editor's Note: See Ch. 165, Zoning, Art. XIV.
B. 
The application for site plan approval, in addition to all other requirements set out in these regulations, must include the following;
(1) 
A completed special permit application, including a calculation of development points based on the present Capital Improvement Plan;
(2) 
A map showing the location of the proposed multifamily site along with the location of abutting land holdings of the applicant or by entities owned or controlled by the applicant; and
(3) 
Other information required by the Planning Director in order to appropriately evaluate the application.
C. 
When the Planning Director receives a special permit application under the Growth Management Ordinance (GMO), the Planning Director shall review the application.
(1) 
The Planning Director may request reports from appropriate Town or school officials or agencies.
(2) 
Within 20 days of the submission of a special permit application, the Planning Director shall notify the applicant and the Planning Board of his findings on the application, including how many development points the proposal is eligible to claim.
(3) 
The Planning Board shall review the special permit application in conjunction with its site plan review.
(4) 
The Planning Board's decision on the approval or disapproval of the site plan shall set out the following: the total number of special permits for which the development is eligible; the number and identity of dwelling units which are allocated to the basic development right; and the number and identity of dwelling units which constitute the additional development right, and the years in which these additional development rights are exercisable based on the then-current long-term Capital Improvement Plan as adopted by the Planning Board pursuant to § 165-117 of Chapter 165, Zoning.
[Added 5-18-2005; amended 1-15-2008; 6-18-2008; 2-16-2011; 9-20-2023; 12-18-2024]
The following fees shall be paid at the time of application:
A. 
Commercial/industrial (new construction): $0.15 per square foot not to exceed $10,000.
B. 
Commercial/industrial additions/new floor space: $0.10 per square foot not to exceed $5,000.
C. 
Multifamily residential: $100 per unit.
D. 
Site plan determination: $0.10 per square foot, not to exceed $5,000.
E. 
Parking lot expansion: $0.07 per square foot, not to exceed $10,000.
F. 
Notice fee: the current cost of certified mail postage per abutter or other person receiving notice.
G. 
Legal notice: $50.
H. 
Recording fee: per sheet/document fee for plans and documents, according to the most recent fees established by the Rockingham County Registry of Deeds, plus an administrative fee of 5%. In addition, there is a LCHIP surcharge of $25 for each applicable recording.
I. 
External review fees will be provided by the Planning Director and are due at the time of application. The applicant is responsible for all fees incurred by the Town for external review of the application.
J. 
TRC Review: $50.00 first submission; $25.00 each additional submission.
A. 
Whenever a public hearing is required by these regulations or by applicable statutes, the following procedures shall be used.
B. 
The applicant shall be present at the public hearing. If the applicant is not the owner of the parcel under review, the applicant shall provide a written authorization, containing the notarized signature of the owner(s), authorizing the applicant to act as an agent for and on behalf of the owner(s) at such public hearing and authorizing the agent to make all decisions and commitments with respect to the Board's review of the proposal which the owner(s) could make if personally present.
C. 
Notice of the application shall be sent by certified mail sent at least 10 days prior to the public hearing to the following persons:
(1) 
Abutters as defined in § 170-2 of these regulations;
(2) 
All property owners within 200 feet of the subject property as delineated on the Town's GIS system;
(3) 
The applicant and current property owner;
(4) 
Holders of land conservation, preservation or agricultural preservation restrictions; and
(5) 
Every engineer, architect, land surveyor, soil scientist, or wetlands scientist whose professional seal appears on the plat submitted to the Board.
D. 
Notice to the general public shall be given by publishing in a newspaper of general circulation at least 10 days prior to the public hearing and posting in two public places within the Town.
E. 
All notices shall include a general description of the proposal, the applicant's name, the location of the proposal, the date, time and place of the public hearing, and the proposed actions to be taken by the Board.
F. 
Additional notice is not required for additional hearings on a proposal if the date, time and place of the additional hearing was made known at the prior hearing and duly recorded in the official minutes of the same.
G. 
At the public hearing, any applicant, abutter, holder of conservation, preservation or agricultural preservation restrictions, or any person with a direct interest in the matter may testify in person or in writing. Other persons may testify as permitted by the Board.