Pre-Application
A subdivider may meet with the Board for a pre-application review of his/her proposed project in one or both of the following two ways:
He/she may request preliminary conceptual consultation. Such a consultation shall be limited to a description of the proposed subdivision and possibly a sketch plan and shall be directed at review of the basic concept of the proposal and suggestions which might be of assistance in resolving problems with meeting requirements during final consideration. Such consultation shall not bind either the applicant or the Board that statements made by Planning Board members shall not be the basis for disqualifying said members or invalidating any action taken. The Board and the applicant may discuss proposals in conceptual form only and in general terms such as desirability or types of development and proposals under the master plan. Such discussion may occur without the
necessity of giving formal public notice as required under Section 5.10, but such discussion may occur only at formal meetings of the Board.
B) Design Review Phase - The Board or its designee may engage in non-binding discussions with applicant beyond conceptual and general discussions which involve more specific design and engineering details; provided, however, that the design-review phase may proceed only after identification of and notification to abutters and the general public as required by Section 5.10. Statements made by Planning Board members shall not be the basis for disqualifying said members or invalidating any action taken.
A subdivider may elect to engage in either or both phases of a pre-application review as provided in sub paragraphs (A) or (B) or may go directly to formal application as provided in Section 5.8. Pre-application review shall be separate and apart from formal consideration under Section 5.9 and the time limits for application is submitted under that paragraph.
Application
Whenever any subdivision is proposed, the subdivider shall complete the checklist, the application form and submit them to the Planning Board with the necessary fees. Not less that 20 days before any regular meeting of the board. (5.14)
Submission of the application shall constitute an agreement by the applicant or his duly authorized representative that the Planning Board, or any persons designated or delegated by it, may enter upon the property which is the subject of the subdivision application for the purposes of conducting studies, research, or review of any kind. Such entry may be made without notice to the applicant. Any investigations which require major excavation or the disturbance of the land will be done only with the permission of the applicant.
Preliminary Plan
The preliminary plan, taking into consideration the general requirements listed in Section VI, and as described in Section VII, shall be filed with the Board. The Board will then study the preliminary street and lot layout and proposed improvements in connection with the Holderness Master Plan, the Official Town Maps, the needs of the surrounding area and neighborhood, the topography and soil conditions of the area, and any pertinent state of local regulations.
Revision of Preliminary Plan
The Board, before taking formal action, shall hold a discussion with the subdivider, and may hear and confer with other parties whose interest may be affected by the proposed plan.
After such discussion, the Board shall communicate in writing to the subdivider the specific changes, if any, which it will require in the preliminary plan and the types and amount of construction or improvements (Section VII) it shall require as a condition precedent to the approval of the subdivision plan. The Board may disapprove the preliminary layout in its entirety, but shall state its reasons for such disapproval. Any approval shall be considered as tentative and shall not be entered on the plan. If the preliminary plan shows developments by sections, the final plan may be one of the sections.
Abandonment
A preliminary plan shall be considered to have been abandoned by the developer if he has not submitted a final plan for all or a portion of such subdivision within one year from the date of submission of the preliminary plan. The developer may be granted an extension of this time by the Board upon written application and for reasons deemed adequate by the Board. An abandoned plan cannot be renewed but shall require a complete new submission for further consideration by the Board.
Final Plat
The subdivider, after official notification by the Board with respect to the preliminary plan and the changes, if any, to be made therein, shall, within one year thereafter file with the Board the final plat as described in Section IX, together with other required information as listed in Section VI & VII.
Completed Application
The following requirements shall constitute a Completed Subdivision Application sufficient to invoke Planning Board jurisdiction and to obtain Board approval or disapproval all on a form to be obtained from the Planning Board.
1. A) Names and addresses of the subdivider(s)
Names and addresses of the subdivider (s), agents, surveyors, engineers, soil scientists and attorneys.
Title of the proposed plan as it appears thereon and the name of the preparer and date.
Location of the property as depicted on the plan and tax map identification numbers.
List of all abutters to the property as indicated in town records not more than five (5) days before the day of filing the application with the Board.
Original signature (s) of the subdividers (s) and its (their) agent (s). If the subdivider is a corporation, the application shall be accompanied by a certified copy of a resolution of its board of directors authorizing the signature (s) of the signatories.
A check to cover all costs pertaining to a Subdivision and the approval of same as provided in Section 5.14.
Four (4) copies of a preliminary layout showing or accompanied by information
as specified in Section 5.3 and Section VIII.
Four (4) copies of the Final Plat completed in accordance with Section 5.6 and Section IX hereof.
Filing and Submission of Completed Application
The Completed Application shall be filed with the Secretary or the Chairman of the Board at least 15 days prior to a scheduled public meeting of the Board
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The Completed Application shall be formally submitted to and accepted by the Board only at such scheduled public meeting after due notification to applicant, abutters and the general public of the date the Completed Application will be submitted and received by the Board in accordance with Section 5.10 hereof.
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 Section 5.10 hereof.
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: information required for Preliminary Layout and information required for Final Plan; (2) failure to pay costs of notices or other costs and fees required by these Regulations and (3) failure to meet any reasonable deadline established by these Regulations.
In case of disapproval of any Application submitted to the Board, the grounds for such disapproval shall be stated in the Minutes or records of the Board.
5.9 Board Action on Completed Application
The Board shall begin formal consideration of the Completed Application within thirty (30) days of its submission and acceptance and shall act to approve or disapprove within ninety (90) days after submission, subject to extension or waiver as provided in accordance with NH RSA 676:4, as amended.
Approval of the final plan shall be certified by written endorsement on the Final Plan and signed by the Chairman, Vice Chairman, Secretary or acting Secretary of the Board, two signatures of the above are required. The subdivider shall be responsible for the payment of the recording fees and all associated costs.
The Planning Board shall be responsible for the recording of the approved and endorsed final plat in the Grafton County Registry of Deeds prior to disposition. Two copies endorsed in writing thereon, shall be retained by the Board and two copies, like wise, with approval and endorsement shall be given to the subdivider.
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 notice given to the subdivider.
Public Hearing
The Board, before considering or taking formal action upon a plat or the Completed Application, shall hold a public hearing, as required by the provisions of RSA 676:4 to provide an opportunity for public testimony relative to the consequences of the proposed subdivision.
At the hearing, the applicant, any abutter or any person with a direct interest in the matter may testify in person or in writing. Other persons may testify subject to Board approval at the hearing.
The applicant and all abutters shall be notified of the hearing by certified mail, return receipt requested, stating the time and place of such hearing, and a general description of the subdivision proposal and its location, at least ten (10) days before the date fixed for the hearing.
Hearing notice to the general public shall also be given at the same time by posting in two public places in the town and by publication in a newspaper of general circulation therein. For any public hearing on the Application, the same notice as required for notice of submission of the application shall be given. If the notice of public hearing has been included in the notice of submission or any prior notice, additional notice of the public hearing is not required, nor shall additional notice be required of an adjourned session of a hearing with proper notice if the date, time and place of the adjourned session was made known at the prior hearing.
Surety Requirements or Bond
Before approval of a subdivision by the Board, the subdivider shall file a bond or other security in an amount satisfactory to the Board, providing for and securing to the town the actual construction and installation of streets, and such improvements and utilities, if available, and completion of essential drainage, within a period specified by the Board, and expressed in the bond, or other evidence supporting an assessment or other method where the town is put in an assured position to do said work and make said alterations at the cost of the subdivider.
Such bond or other method shall be approved as to form and sureties by the Board and/or legal counsel of the town and conditioned on the completion of such improvements within five (5) years of the date of the bond or acceptance by him or any other approved method.
As phases or portions of the secured improvements or installations are completed and approved by the Planning Board or its designee, the municipality shall partially release said security to the extent reasonably calculated to reflect the value of such completed improvements or installations. Cost escalation factors not to exceed 10% per year may be applied by the Board. (RSA 674:36, III (b). Upon release of these performance bonds, a maintenance bond may be required. Such maintenance bond may be released after a one (1) year period.
Failure to Take Action
Upon failure of the Board to approve or disapprove the application in accordance with N.H. RSA 676:4, the applicant may obtain from the Selectmen an order directing the Board to act within 15 days. Failure of the Planning Board to act upon such order of the Selectmen or City Council shall constitute grounds for the superior court, upon petition of the applicant, to issue an order approving the application, if the court determines that the proposal complies with existing subdivision regulations and zoning and other ordinances. If the court determines that failure to act within the time specified was the fault of the Planning Board and was not justified, the court may order the Planning Board to pay the applicant’s reasonable costs, including attorney’s fees, incurred in securing
such order.
Approval of Plats of Exempted Subdivisions
Where the approval of the Board is a necessary prerequisite for the recording of any plat exempted from these regulations such as, minor lot line adjustment or boundary agreements any two of the following are empowered to make such approval the Chairman, Vice Chairman, Secretary or acting Secretary of the Board.
Costs
All costs pertaining to the subdivision and the approval of same and the recording thereof, shall be borne by the subdivider prior to the Board’s approval.
Application for subdivision approval shall be accompanied by a preliminary filing fee of twenty-five dollars ($25.00) along with a fee of seventy-five dollars ($75.00) for each lot filed with the Secretary of the Board. The Secretary shall furnish the applicant with a receipt for same.
The Board may require special investigative studies by a qualified engineer for the purpose of reviewing a subdivision plan, including drainage and erosion control, sewage disposal system, water facilities and road construction. The Board may also require other assistance for special investigative studies such as, environmental, economic or traffic impact studies, review of documents or other matters requiring professional assistance in relation to a particular subdivision. The cost of the assistance to the Board, as well as the cost of engineering studies noted above, shall be the responsibility of the applicant.
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