TOWN OF WAKEFIELD, NEW HAMPSHIRE SITE PLAN REGULATIONS

Transcription

1 TOWN OF WAKEFIELD, NEW HAMPSHIRE SITE PLAN REGULATIONS PREPARED BY THE WAK EFIELD PLANNING BOARD Adopted 1991 As Revised through

2 Thank you for your interest in Wakefield! The Town s Master Plan Vision is to be a balanced residential, commercial, and light industrial business community that reflects, preserves, and enhances the Town s natural resources, rural character and rural quality of life, its historic traditional New Hampshire architecture and unique scenic and rural environment, and enables quality growth. We look forward to working together to make the site plan review process as clear and expeditious as possible while meeting our mutual economic growth and environmental enhancement and protection objectives. Site Plan Review A site plan review is required for all business, commercial, industrial, or multi-family development. The process begins when an Applicant obtains and reads applicable Zoning Ordinance and Site Plan Review Regulations to understand the requirements necessary for Planning Board approval. Applicants should request a preliminary conceptual review with the Planning Board to discuss the project prior to preparing a final plan. The Site Plan Review Checklist describes the minimum required information to be submitted to the Planning Board with the application. Applicants shall be placed on the Planning Board agenda after the Planning Board, Planning Director, or Technical Review Committee determines that all required application information has been submitted. Once the Planning Board determines the application is complete, the Planning Board will review it. Based on findings, the Planning Board will approve, conditionally approve, or deny the application. 2

3 Table of Contents Section Page SECTION 1.00 GENERAL PROVISIONS Title Authority Purposes and Approval Criteria Applicability Types of Site Plans... 8 SECTION 2.00 PRE - APPLICATION AND APPLICATION PROCESS Pre-Application Consultation Meeting Pre-Application Design Review Application Submission Requirements Minor Site Plan Application Submission Requirements Major Site Plan Application Submission Requirements Insignificant Change Fees Submittal of Application Materials Submittal of Other Government Permits/Approvals Concurrent Subdivision and Site Plan Application Public Notice Regional Notice Initial Review On Site Inspection Impact Studies Acceptance of Application Applicant s Presentation Public Hearing Deliberation Decision Approval Criteria Notice of Decision Signing an Approved Plan and Recording Commencement of Construction Revisions to a Previously Approved Site Plan Inspections and Enforcement Revocation of Approved Plan Digitalized Completed Project Plan SECTION 3.00 DESIGN AND DEVELOPMENT STANDARDS General Conformance with Master Plan, Ordinances and Regulations Lots with Water Frontage and Water Access Top Soil and Vegetation Preservation

4 3.05 Floodplain and Flood Hazard Areas Monuments Sewage Disposal Fire Protection Water for Fire Protection Potable Water Supply Road, Pedestrian Walkway, Bike Route, and Public Transportation Facility Design and Construction Sidewalks Curbs Street Access Management Road Drainage Bridges Parking and Circulation Surface Drainage/Non-Point Source Water Pollution Prevention Landscaping Buffers and Screening Street and Neighborhood Lighting Pedestrian Ways and Bicycle Routes Natural and Historic Features Erosion and Sediment Control Impact on Groundwater/Non-Point Source Pollution Prevention Solid Waste and/or Hazardous Waste Exterior Lighting Underground Utilities Visual Impact Building Appearance Signage Campgrounds Automobile Service and Engine Repair Facilities Offsite Improvements Retroactive Application of Site Planning Standards ADA Compliance Snow Storage and Removal Safety Review Impermeable Surfaces SECTION 4.00 PLANS AND FORMAT STANDARDS Size Material and Number of Copies Basic Information Certifications Boundary Survey Plans Certifications Engineering Plans Approval Sheet(s) Multiple Sheets Scale Area of Coverage

5 4.10 Survey, Site and Plan Information SECTION 5.00 PERFORMANCE GUARANTEE SECTION 6.00 ADMINISTRATION General Building Permits Planning Board Engineer Coordination Enforcement Recording Recovery of Legal Costs After the Fact Applications Filing Waivers Amendments to Regulations Penalties and Fines Adoption and Amendment Separability Conflicts Appeals Technical Assistance SECTION 7.00 DEFINITIONS Resolution of Disputes Over Meaning of Words SECTION 8.00 APPENDIXES A. Fee Schedule B. Application Information Requirements C. Performance Guarantee Agreement -Model D. Sample Letter of Credit

6 SECTION 1.00 GENERAL PROVISIONS (Note: Any conditions or situations not specifically addressed in these regulations shall be decided by the Planning Board using its discretion and best judgment. Any references to State or local regulations section numbers are for convenience of the reader only. In all cases applicable current federal, state and local ordinances and regulations shall apply.) 1.01 TITLE. These regulations may be known and may be cited as the Site Plan Regulations for the Town of Wakefield, New Hampshire AUTHORITY. These regulations are adopted pursuant to appropriate State regulations. The Town of Wakefield authorized the Wakefield Planning Board to review and approve or disapprove site plans at the March 14, 1989 Town Meeting PURPOSES AND APPRO VAL CRITERIA. The purposes of these site plan regulations are to: A. Implement the adopted Town of Wakefield s Master Plan Policies. B. Provide for the safe and attractive development or change or expansion of use of sites and guard against such conditions as would involve danger to or injury to health, safety or prosperity by reason of: 1. Inadequate drainage or conditions conducive to flooding of the property or that of another. 2. Inadequate protection for the quality and, if applicable, the quantity of groundwater and surface water. 3. Undesirable and preventable elements of pollution such as noise, smoke, soot, particulates, or any other discharge into the environment which might prove harmful to persons, the environment, structures, or adjacent properties. 4. Inadequate provision for fire safety, prevention, and control. C. Provide for the harmonious and aesthetically pleasing development of the Town and its environs. D. Ensure that provisions are made to adequately protect the environment and habitat. E. Provide for protection of natural resources, open spaces and green spaces of adequate proportions including protection of scenic ridgelines, and forested buffers along Route 16. F. Ensure that new development shall not negatively impact the economic viability and prosperity of existing village and/or commercial centers. 6

7 G. Require the proper arrangement and coordination of streets within the site in relation to other existing or planned streets or with features of the official map of the Town. H. Not cause highway or public or private road congestion or unsafe conditions with respect to use of the highways or existing or proposed public or private roads. I. Require suitably located streets of sufficient width to accommodate existing and prospective traffic and to afford adequate light, air, and access for firefighting and rescue apparatus and equipment to buildings, and be coordinated so as to compose a convenient system. J. Require, in proper cases, that plats showing new streets or narrowing or widening of streets be submitted to the Planning Board for approval. K. Require that the land indicated on plats submitted to the Planning Board shall be of such character that it can be used for building purposes without danger to health and without significant detrimental impact on natural resources. L. Include such provisions as will tend to create conditions favorable for health, safety, convenience, and prosperity. M. Provide for innovative land use controls on lands when supported by the Master Plan. N. Provide for preliminary review of site plans. O. Provide against scattered or premature development of land involving danger or injury to health, safety or prosperity because of lack of water supply, drainage, transportation, schools, fire protection, or other public services that necessitate the excessive expenditure of public funds for supplying such services. P. Provide for efficient and compact development that promotes retention and public usage of open space, and retention and protection of wildlife habitat, scenic environment, rural quality of life and natural resources. Q. Minimize the impact to water and air quality. In making this determination, the Board shall at least consider the elevation of the land above sea level and its relation to the floodplains, the nature of soils and sub-soils and their ability to adequately support waste disposal as well as the slope of the land and its effect on runoff. R. Have sufficient water available for the current and reasonably foreseeable needs of the development. S. Not cause an excessive burden on an existing water supply. T. Not cause significant soil erosion from storm water runoff or reduction in the capacity of the land to hold water. 7

8 U. Provide for adequate solid and sanitary waste disposal. V. Not cause an unreasonable burden on the ability of the municipality to dispose of solid waste and sanitary waste if municipal services are to be used. W. Not have an unreasonable adverse effect on: the scenic or natural beauty of the area, aesthetics, historic sites, rare species, wildlife habitat, or any public rights of a visual access to a shoreline, field, ridgelines or other scenic sight. X. Not unreasonably adversely affect a body of water or unreasonably affect the shoreline of that body of water, and not adversely increase boat traffic. Y. Be submitted by an applicant with adequate financial and technical capacity to meet the standards listed. Z. Protect soils of prime or statewide significance APPLICABILITY. A. Pursuant to appropriate State regulations and except as exempted herein, these site plan regulations shall apply to the development or change or expansion of use of a site for non-residential uses or for a multi-family dwelling unit that is defined as any structure containing three (3) or more dwelling units, whether or not such development includes a subdivision/re-subdivision of the site. Included are: 1. Enlargement or renovation of structures and/or expansion of uses. 2. Conversion of structures and/or sites to new uses. 3. A change in use or intensification of use of a structure or site 4. Conversion of buildings and sites to the condominium form of ownership. 5. Conversion of a site to a campground. 6. Construction of, or conversion of, a site to a public, commercial, or group boat launching facility B. Any person who develops or expands or changes the use of a site that is subject to site plan review shall apply to the Planning Board for site plan approval prior to commencing development, expansion or change. No such development, expansion or change shall be permitted until the Planning Board has approved the site plan pursuant to these regulations. Thereafter, all such development shall comply with the approved site plan and these regulations TYPES OF SITE PLANS. The following are types of site plans subject to review: A. MAJOR SITE PLAN. A major site plan includes any non-residential or multi-family building, construction or 8

9 remodeling activity that involves any one of the following: 1. The initial development of a site. 2. Expansion of the building ground coverage on a site by more than five-hundred (500) square feet. 3. Expansion of the aggregate parking, driveway and loading and unloading areas of a site by more than four-thousand (4,000) square feet. 4. Paving more than four-thousand (4,000) square feet of previously unpaved parking, driveway and/or loading and unloading areas on a site. 5. Construction (or expansion) of a non-building accessory structure, which involves the disturbance of more than five-hundred (500) square feet of land area. 6. Construction of a structure more than twenty (20) feet in height, other than utility poles. 7. Condominium conversions. 8. Construction of public, commercial or group boat launch facility. 9. Creation of any business that significantly affects the appearance or character of the neighborhood, village or Town. 10. Utility towers. 11. Construction of a campground B. MINOR SITE PLAN. A minor site plan includes any other activities set forth in these regulations, except those activities that are a major site plan or that are exempt or that are found to be an insignificant change of use or a home occupation. A minor site plan also includes any remodeling of an existing nonresidential or multifamily use that removes or constructs a kitchen or bathroom or creates space for a new business. C. EXEMPT SITE PLANS. A site plan is not required for the following: 1. Additions of less than one-hundred (100) square feet to buildings. 2. Expansion of less than four-hundred (400) square feet of parking areas, driveways or loading/unloading areas. 3. The surfacing of less than four-hundred (400) square feet of an existing unsurfaced parking area, driveway or loading/unloading area. 4. Farming and agricultural uses. 5. Expansion of upper stories of a building if such expansion does not involve exterior construction, an expansion, intensification or change of use of the building. 6. Expansion or intensification of use that only involve the method of conducting an existing, lawful business activity, unless such expansion or intensification is contrary to a previously granted site plan review stipulation. Examples of such exempt expansion or intensification of use include changes in business hours or minor changes in the type of goods or services sold on the premises that do not adversely affect the neighborhood, village or town. D. HOME OCCUPATION. 9

10 A Home Occupation, as herein defined, shall be allowed in all zoning districts where residences are allowed if it conforms to all of the following requirements, meaning that it shall: 1. Meets all the requirements of an insignificant change of use. 2. Be carried out primarily by residents of the premises, with assistance from no more than five (5) employee non-residents. 3. Involve only a service provided or product produced by those residents and employees. 4. Be operated entirely within a principal living unit and/or accessory structure. 5. Be clearly secondary to the use of the premises for dwelling purposes (i.e., shall be limited to a maximum of forty-nine (49%) percent of the total gross square footage of the living area, excluding attached and detached accessory buildings). 6. Not alter the general character or appearance of the neighborhood. 7. Not reduce the value of any surrounding property. 8. Result in no external evidence of the enterprise, except for a permitted sign. 9. Not have an adverse effect on the environment or the surrounding properties as a result of noise, odors, smoke, dust, lights, soil, water or air pollution, increases in traffic or in parking requirements, or other nuisances. 10. Be otherwise legal. Any activity that meets these standards may be issued a Home Occupation Notice of Decision by the Planning Board. Any commercial or industrial activity that does not meet these standards is subject to a site plan review by the Planning Board. E. SITE PLAN REVIEW AVOIDANCE. The phasing of a series of exempt site developments to escape the provisions of these regulations or of a series of minor and/or exempt site developments to escape the review requirements for a major or minor site plan review is not permitted. A site development on a tract that occurs within forty-eight (48) months of a previous site development and that when combined together constitute either a major site plan or a minor site plan, shall be considered as such. Such site plans shall comply with the applicable current provisions governing a major or minor site plan. F. INSIGNIFICANT CHANGES OF USE. (Note: This section shall not be applicable to any structure or business that has been closed or not open for business for a period exceeding 24 consecutive months.) A change of use or intensification in use of a building that does not involve any expansion of the building or any improvements to the exterior site shall be insignificant if the Planning Board determines, on the record, that the change meets all of the following criteria: 10

11 1. It will not have any adverse impacts beyond the boundaries of the site. 2. It will not result in increased parking requirements that cannot be satisfied by the present site. 3. It will not result in any increased nuisance to the neighborhood or abutters. 4. It will not result in increased traffic hazards either on-site or off-site. 5. It will not result in additional drainage beyond the site or adversely affect groundwater resources. 6. It will not increase the sanitary waste loading of the site beyond that which already exists. 7. The present on-site solid waste disposal system can handle any increase in solid waste. 8. The present parking, circulation and loading layout is adequate to accommodate the change. 9. The change or intensification of use can be adequately protected with existing firefighting resources. 10. The present and proposed use of the site is otherwise lawful. 11. It will not adversely impact the traditional New Hampshire architectural character or differ significantly from the appearance of buildings in the area. 12. The type of business or activity will not adversely alter the character of the neighborhood, village, or town. 13. It does not meet the requirements for a major or minor site plan. The construction of, or change of, interior offices shall be considered an insignificant change of use if it also meets the above criteria. G. WAIVERS OF SITE PLAN INFORMATION SUBMITTALS. If an Applicant feels that submittals of some of the information required herein constitutes an unnecessary hardship and that such submittals are not necessary for the Board to reach a decision, the Applicant may request in writing a waiver of the applicable submittal requirement. Some activities classified as minor site plan review may have impacts requiring additional information beyond those normally required. In such cases, the Planning Board may require that some or all of the information required for a major site plan review be submitted. H. REVISIONS TO A PREVIOUSLY APPROVED SITE PLAN. 1. Procedure. An Applicant for a revision to a previously approved site plan shall, at least ten business days prior to a scheduled meeting of the Planning Board, request to be placed on the Board's agenda. a. If the revision is not exempt or insignificant per these regulations, the procedures for Site Plan approval shall be followed. b. The Applicant shall pay a fee as adopted by the Planning Board to pay for the major or minor site plan or home occupation review. c. Requirements for public notice shall be complied with. 11

12 2. Submissions. The Applicant shall submit a copy of the site plan, as well as copies of the proposed revisions as applicable. The application shall also include enough supporting information to allow the Planning Board to make a determination that the proposed plan or revisions meet the standards of these regulations and the approval criteria. The revised plan shall indicate that it is the revision of a previously approved site plan and, if applicable, shall show the book and page number on which the original plan may have been recorded at the Registry of Deeds. Such plan revision shall become part of the official record file. 3. Scope of Review. The Planning Board's scope of review shall be limited to those portions of the site plan that are proposed to be changed and related possible adverse impacts. 12

13 SECTION 2.00 PRE-APPLICATION AND APPLICATION PROCESS 2.01 PRE-APPLICATION CONSULTATION MEETING. An Applicant may request a pre-application conceptual consultation meeting with the Planning Board. This meeting shall be directed at a review of the basic concept of the proposal and suggestions that might be of assistance in resolving potential problems that might arise during later site plan consideration. The Board and Applicant may discuss proposals in general terms consistent with the Master Plan. Typically, maps from the Master Plan, tax maps, county soil survey maps, sketch plans, and the like are helpful to the discussion. Such consultation shall not bind either the Applicant or the Board, and statements made by Board members shall not be the basis for disqualifying said members or invalidating any action taken. Such discussion may occur without public notice, but such discussions may occur only at formal meetings of the Board. Pre-application consultation meetings are strictly optional to the Applicant PRE-APPLICATION DESIGN REVIEW. A. Procedures. 1. An Applicant may request a pre-application design review meeting with the Planning Board. The Board and Applicant may engage in non-binding discussions beyond conceptual and general discussions, addressing more specific planning, design, landscape architectural or land planning and engineering details, provided the design review may proceed only after formal public notice is provided. Statements made by Board members shall not be the basis for disqualifying said members or invalidating any action taken. 2. The meeting shall be held at a formal Planning Board meeting with prior public notice. The Applicant shall pay appropriate public notice fees and shall provide all required materials and information required for public notice. 3. Design Review meetings are strictly optional to the Applicant, but such meetings can be helpful in identifying and resolving problems in an application prior to major design investments by the Applicant. The Design Review meeting is especially appropriate for receiving comments on site development standards. B. Submission. Applicant should submit the request for a design review and preliminary plans sufficient to illustrate the proposed site plan, at least thirty (30) days prior to the scheduled meeting. C. On-Site Inspection. The Planning Board may hold an on-site inspection of the property. D. Continuation to Application. If both the Planning Board and the Applicant agree, the public hearing may be continued to full consideration of the site plan application, in which case all applicable fees shall transfer. 13

14 2.03 APPLICATION SUBMISSION REQUIREMENTS M INOR SITE PLAN. A. General. The Applicant must provide a complete application in accordance with these regulations. An application that appears to be complete upon completion of the Initial Review procedures shall be scheduled on a Planning Board agenda within 30 days. The Planning Board will then review the application for completeness and acceptance. Upon acceptance, the Planning Board will review the application for approval. B. Submission Requirements. All plans, drawings, reports and all other information submittals by an Applicant or his/her agent are part of the official record of the application. All representations made on or in such submittals constitute implied conditions of approval which are binding on the Applicant and his/her successors and which are enforceable under these regulations. The Applicant shall submit to the Planning Board the following: 1. Application Form with all requested information, and signed by the owner or authorized agent in the required number of copies. The owner must provide authorization for the agent. Said information shall include, but not be limited to: a. Application Type b. Application Status (new or amendment to previously approved plan) c. Project Name. d. Project address, street name or general location and municipality. e. Project Assessor s map and lot number. f. Owner of record name and address. g. Applicant name, address, phone number and address. h. Authorized agent name, address, phone number, address, and signed authorization by the Owner of Record. i. Other individual or party s names and addresses that should be notified about this application other than abutters, such as all holders of conservation, preservation, or agricultural preservation restrictions, every engineer, architect, land surveyor, soil scientist, and all others whose professional seal appears on any plat or document submitted to the Board. j. Project current zoning district including overlay zone(s). k. Proposed project description. l. Existing land use(s). m. Waivers requested from Application submittal or other requirements. n. Owner or Agent certification and agreement. o. Existing water bodies or if within 250 of a water body and name. p. Area(s) within a special flood hazard area. q. Any environmental issues, agreements, decrees, or findings pertaining to any of the land in question. r. Lot coverage. s. Boundary line survey. 14

15 2. Deed - A copy of the deed from which the survey was based, and future deeds to be granted. 3. Current Restrictions - A copy of all deed restrictions, easements, rights-of-way or other encumbrances currently affecting the property. 4. Proposed Restrictions - A copy of any proposed deed restrictions intended to cover all or part of the lots in the property. 5. Abutters List, Labels and Envelopes - One (1) list, four (4) sets of adhesive mailing labels and one (1) set of business envelopes # 10 size) with names and addresses of all current abutters to the property including those across any abutting public or private roadway; holders of conservation, preservation, or agricultural preservation restrictions; names, addresses, address and phone number of every engineer, architect, land surveyor, or soil scientist whose professional seal appears on any plan submitted to the Planning Board; and the Applicant. The list shall be dated within five days of submittal, signed by the preparer, and submitted with four (4) sets of adhesive mailing labels and one set of business envelopes #10). 6. Fees, as adopted by the Planning Board, payable by check to the Town including fees for administration, public notice and technical and/or expert review. 7. The following Site Plan information: a. Project start date. b. Project anticipated completion date. c. Proposed extension or connection of public infrastructure and type. d. Proposed infrastructure extension or connection improvement estimated costs. e. Proposed water supply source. f. Proposed sewerage disposal method. g. Proposed solid waste disposal method. h. Proposed storm water management plan. i. Proposed dedications to the Town including streets, recreation areas, common lands, etc. j. Proposed restrictive covenants or easements. k. Proposed homeowners association or other management organization agreements. l. The type of water supply system(s). m. When water supply is to be accomplished by connection to the Sanbornville Water Precinct s public water supply, a letter from the Sanbornville Water Precinct s Board of Commissioners indicating that there is adequate capacity within the system to provide adequate volume and pressure of potable water shall be submitted. n. The type of sewage disposal method. o. When sewage disposal is to be accomplished by connection to the public sewer, a letter from the Town of Wakefield Board of Selectmen indicating that there is adequate capacity within the system to transport and treat the 15

16 sewage shall be submitted. 1) When sewage disposal is to be accomplished by subsurface sewage disposal systems, test pit analyses prepared by a licensed site evaluator. 2) A map showing the location of all test pits dug on the site shall be submitted. p. When sewage disposal is to be accomplished by transporting septage offsite a written statement from the Applicant and Town stating that the State approved septage hauler has the capacity to collect and remove the wastewater shall be provided. q. Construction cost estimate as the basis for the performance agreement. r. Proposed performance agreement. s. Description of waterfront access. t. Photographs of the property including key features. 8. Completed Checklist. 9. Applicants are encouraged to submit a digitized copy of all drawings and other submittals on digitized media (CD, DVD, etc.) APPLICATION SUBMISSION REQUIREMENTS M AJOR SITE PLAN. The application submittals shall comply with all design, format, and other standards specified in this Regulation. Submission Requirements in addition to Minor Site Plan Requirements (2.03). A. Said information shall include Plans and mapped information including: 1. Six (6) twenty-four (24) inches x thirty-six (36) inches paper copies; 2. Fourteen (14) Eleven (11) inches x seventeen (17) inches paper copies; and 3. One (1) original, a maximum size of twenty-four (24) inches x thirty-six (36) inches printed on Mylar, or other material as required by the Carroll County Registry of Deeds, for Plan approval and recording. B. Said materials shall comply with the design and other standards per these Regulations in addition to the permit approvals from all applicable local, State and federal agencies in writing such as: 1. New Hampshire Department of Environmental Services, under the Site Location of Development Act and the Natural Resources Protection Act. 2. National Pollutant Discharge Elimination System Permit. 3. The Sanbornville Water Precinct, if the district's water service is to be used. 4. New Hampshire Department of Environmental Services, if the Applicant proposes to provide a central water supply system. 5. The Town of Wakefield Board of Selectmen, if the public sewage disposal system is to be used. 6. New Hampshire Department of Environmental Services, if a centralized or shared 16

17 subsurface sewage disposal system(s) is to be used. 7. A dredge and fill permit obtained from the Army Corps of Engineers and/or NH Department of Environmental Services. 8. National Pollutant Discharge Elimination System (NPDES) permit for storm water discharges. 9. NH Department of Transportation approving driveway and/or street access to highways. 10. Storm water Permit for projects that disturb one (1) or more acres of land. 11. Erosion Control Plan for a disturbed area greater than twenty-thousand (20,000) square feet, construction or reconstruction of street or road, site plan greater than three (3) building units, or disturbed critical areas. 12. Phasing plan, as applicable. 13. Performance Guarantee Site Restoration/Construction Cost Estimate. 14. Performance Guarantee. 15. Impact Assessment. 16. Impact Fee. 17. Off-site Improvements Fee, as applicable. 18. Monument installation certification. 19. Easement documents. 20. Homeowner Association Documents, as applicable. 21. Other plans or information as required by the Planning Board APPLICATION SUBMISSION REQUIREMENTS INSIGNIFICANT CHANGE OF USE, HOME OCCUPATIO N AND EXEMPTION. The Applicant shall submit the required application plus whatever documentation is necessary for the Planning Board to make a determination FEES. A. The Applicant shall pay fees in accordance with Appendix A. B. Special Fees. The Applicant shall be required to pay fees to compensate the Town for the time spent by the Town Planner and other Town employees working specifically on the project in question. C. Expert fees. The applicant shall pay fees to compensate the Town for all expert consultations and studies applicable to the project. D. Advance payment of fees shall be required. Any such funds not expended by the Town shall be reimbursed to the applicant. See attached schedule of fees entitled APPENDIX A SUBMITTAL OF APPLICATION MATERIALS. A. All materials submitted with the application to the Planning Board for consideration shall 17

18 be submitted thirty (30) days prior to the meeting so each Planning Board member, the public, and staff may have sufficient opportunity to review the materials prior to meeting. B. 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 less than seven (7) days prior to the meeting. C. Applicants are encouraged to submit a digitized version of all drawings on digitized media (CD, DVD, etc.) compatible with Town equipment in order to ease presentation at the public hearing SUBMITTAL OF O TH ER GOVERNMENT PERM ITS/APPROVALS. The Board shall not grant a final approval of an application until all other government permits and approvals are obtained and documentation of their approval is forwarded to the Planning Board. The only exception to this requirement shall be when State or Federal permits require prior local approval in which case a conditional approval may be granted. Applicants are advised to apply early for these other approvals to avoid unnecessary delays in obtaining final approval of the Site application, but Applicants with Major Site plans are advised to delay applications to the State until the Board has provided general planning and design guidance CONCURRENT SUBDIVISION AND SITE PLAN APPLICATION. Where the proposed development requires approval under the Subdivision Regulations and the Site Plan Regulations, the Board may require or allow a concurrent application. The Applicant shall provide all materials required for complete applications for both regulations, except that the public notice fees shall not be paid twice PUBLIC NO TICE. Public notice pursuant to applicable State regulations shall be required for all applications. The public notice shall identify the property owner, the location, and a general description of the scope and purpose of the application. A. Public notice shall be required for the following: 1. Pre-Application Design review meetings. 2. Meetings at which an application is considered for acceptance. 3. Meetings at which an application is considered for approval. B. Public notice shall be mailed by certified mail at least ten (10) days prior to the meeting for which the notice is required to: the Applicant and the Applicant's authorized representative; any professional whose stamp appears on the plan (including surveyors, soil scientists, engineers, etc.); all owners of abutting property including those across the street from a public or private road; and holders of conservation, preservation, or agricultural preservation restrictions. 18

19 1. Using the Abutters List form provided by the Planning Board, the Applicant shall prepare a list of abutters using Town records. The list shall be current not less than five (5) days prior to the submittal of the application. 2. The Applicant shall provide one copy of the list of all abutters and other parties required to be notified, four (4) sets of adhesive mailing labels for each party on the abutters list, including the Applicant and authorized representative, and one (1) set of business mailing envelopes #10. C. Public notice shall be posted by the Planning Board at the Town Office and applicable Post Office at least ten (10) days prior to the meeting. D. All public notices shall be published in a newspaper of general circulation at least ten (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 meeting or hearing, the Board shall state the location, date, and time at which the continued session shall resume REGIONAL NO TICE. Applications that might have a regional impact shall require additional public notice, and require additional time for public notice. A. Determination of potential regional impact shall be found only for applications defined as Major Site plans, and further which meet any of the following criteria: 1. Any portion of the property is located within five-hundred (500) feet of the Town of Wakefield border. 2. The proposal involves twenty (20) or more units. 3. Other criteria that the Board may reasonably determine. B. Notice shall be sent by certified mail fourteen (14) days in advance of the scheduled public hearing to: the Strafford Regional Planning Commission (for impacts in Brookfield, Middleton or Milton); and the Lakes Region Planning Commission (for impacts in Wolfeboro, Ossipee, Effingham): and to each Town reasonably likely to be affected, including Acton, West Newfield or Parsonfield, Maine, with each governmental entity to be considered an abutter for purposes of offering testimony and computing public notice fees INITIAL REVIEW. A. The Planning Board or its designee (Town Planner, etc.) shall conduct an initial review of the application and checklist for completeness. If the application and checklist initially appear to be complete, the applicant shall be provided with a written acknowledgement 19

20 indicating the date the application was received. B. The application and checklist shall be thoroughly reviewed by the Technical Review Committee for completeness. C. If the application and checklist are determined to be substantially complete by the Technical Review Committee, appropriate notice for a public hearing shall be posted, and a public hearing held within 30 days of the date the application was received. D. If the application is determined to be incomplete by the Technical Review Committee, then the applicant shall be given the option of proceeding with the public hearing within the 30 day time frame, or submitting additional information to render the application substantially complete. If the applicant chooses to submit additional information to render the application substantially complete, the applicant is deemed to waive the 30 day requirement for a public hearing should the delay caused by submitting the additional information render timely notice for the public hearing impractical ON-SITE INSPECTION. At any point in the application process, before or after acceptance of the application, the Board may hold on-site inspections of the property. Board members shall not enter onto the applicant s property unless Applicant has granted permission to do so, or the property is otherwise open to the public IMPACT STUDIES. A. At any point in the application process, before or after acceptance of the application, the Planning Board may require impact studies such as, but not limited to: Traffic Impact Study, Environmental Impact Study, Solid Waste Management Plan, Fiscal Impact Study, Water and Sewer Impact Study, Public Safety Impact Study, Economic Impact Study, Land Use Impact Study, School Impact Study. Such studies shall be conducted at the Applicant s expense by consultants chosen by and reporting to the Planning Board. B. Adequacy of Existing Public Roads and Facilities. If it is determined through a Transportation Study, Professional Engineer's report, or other valid means, that public roads or other public facilities servicing a proposed site are inadequate to carry the increased traffic or meet the service requirements of the new population created by the site plan, the Applicant shall be required to fund his/her proportional share of the necessary improvements. In the case of a privately owned access road or facility, the applicant shall be required to obtain legal permission and make any required off-site improvement. Off-Site Improvements means those improvements that are necessitated by a project, but which are located outside the boundaries of the property that is subject to a site plan approval by the Planning Board. Such off-site improvements shall be limited to any necessary roadway, bridge, drainage, and sewer and water upgrades pertinent to that project. C. Funding. The cost of such improvements shall be estimated by a New Hampshire licensed Professional Engineer or Architect. In a case where the Town is unable to fund 20

21 its portion of the necessary improvements to the public road or other facilities, or the Applicant is unwilling or unable to fund his/her portion of the necessary improvements, the Planning Board may determine that the project is scattered and premature, or require the payment of Off-Site Improvement Costs or Impact Fees ACCEPTANCE OF APPLICATION. A. Once all required fees and submittals have been received and judged by the Technical Review Committee or other Planning Board representative to be complete, and all public notices have been filed, the Planning Board shall hold a public meeting in accordance with the public notices to consider the acceptance of the application. B. Before the Board reviews the application, it must be accepted by a formal vote of the Board. The Applicant shall attend this meeting to ensure that questions can be answered and issues clarified as necessary. The Board shall vote to accept the application only if it determines that the application is complete per this Regulation and the appropriate checklist. The Planning Board or its designee may review the application for completeness and/or request that the Technical Review Committee and other officials comment on completeness and the adequacy of their department's existing capital facilities to service the proposed project. Upon acceptance, deliberation on the application may proceed. C. If an application is not accepted, the Board may proceed with Pre-Application Design Review discussions per Section The Design Review meeting may be continued to another date and time for either continued Pre-Application Design Review or Application Acceptance without further public notice APPLICANT'S PRESENTATIO N. Following application acceptance, the Applicant shall make a brief, general presentation to the Board and audience. This presentation should include a brief description of the proposed project and a general description of the design, layout, and so forth. The Applicant is solely responsible for bringing any audio-visual materials or equipment needed. The Chairman shall have sole authority to limit the time taken for this presentation to keep the meeting moving. For applications reviewed over a series of meetings, a presentation may be appropriate at the beginning of each session. Applicants are encouraged to submit a digitized copy of all drawings and other submittals on digitized media (CD, DVD, etc.) for projection for the public to view PUBLIC HEARING. The Board shall open the discussion to the public following application acceptance and the Applicant's presentation. The purpose shall be to solicit public input, comments, questions and concerns. The Chairman may temporarily suspend public comment during the public hearing so that the Board may deliberate, vote on waivers, and so forth. The public hearing may be continued if additional meetings are necessary, provided that the Board follows the applicable continuation procedures. Only when, in the Chairman s opinion, all pertinent, new public input is complete shall the Chairman close the public discussion. The Applicant shall be responsible for attending the public hearing, including all continuations, to ensure that questions can be 21

22 answered and issues clarified as needed DELIBERATIO N. The Board shall deliberate as necessary to determine the appropriate decision. The deliberation does not necessarily follow the public hearing, and may be interspersed within the public hearing, or portions may occur prior to the public hearing. However, the Board shall defer decisions until after the public hearing is closed and all information is collected and considered DECISION. Pursuant to applicable State regulations, the Board shall issue a decision within sixty-five (65) days of application acceptance, subject to time extensions requested by the applicant. The Applicant may waive the sixty-five (65) day requirement or may ask for an extension of the 65- days to a date certain. If the Applicant requests an extension to a date certain, the sixty-five (65) day clock shall be stopped and it shall be resumed at the date certain. The Board must approve, conditionally approve, or disapprove the application as follows: A. APPROVAL. The Board shall grant approval of an application and issue a Notice of Decision when it makes findings of facts that to the best of its knowledge the purposes of the Regulations, approval criteria, and full compliance with the standards and requirements of this Regulation and other applicable law have been met. All approved waivers shall be noted on the plan. Any regulation not waived shall be required. B. CONDITIONAL APPROVAL. The Board may grant conditional approval of an application when minor additional action by the Applicant will bring the application into full compliance for approval. This may include the posting of financial securities, payment of fees, minor changes in design, and other matters, subject to the requirements of applicable regulations. Statutory conditional approvals include: 1. Minor plan changes, whether or not imposed by the Board as a result of a public hearing, compliance with which is administrative and which does not involve discretionary judgment; or 2. Conditions which are in themselves administrative and which involve no discretionary judgment on the part of the Board; or 3. Conditions with regard to the Applicant's possession of permits and approvals granted by other governmental units. The specific conditions of approval shall be stated by the Board. The Board may also issue a conditional approval requiring certain actions by the Applicant, in which case the conditions shall be noted in the Notice of Decision. Conditional Approvals shall be valid for a period of not more than six months. If the 22

23 conditions of the approval have not been satisfied within this time, the conditional approval shall automatically lapse. The Planning Board may grant six month extensions to accommodate unusual circumstances, but the Applicant is required to provide a written request for extension to the Board before the expiration date. The Board shall consider the request at its next regular meeting, and such action shall be held at a regular public meeting. C. DISAPPROVAL. The Board shall disapprove an application when it fails to comply with the standards and/or requirements of this Regulation or other applicable laws, for failure to meet reasonable deadlines established by the Board, or for failure to pay fees. If the Board includes the phrase, "without prejudice" in the motion to disapprove, it signifies that the application was denied solely for procedural reasons, and that it may be re-submitted to the Board at a later date without design changes, but shall be subject to the regulations in effect at the time of the new application. Applications disapproved without this stipulation shall not be considered again by the Board unless the Applicant demonstrates that there have been design changes or changes in regulations affecting the application APPRO VAL CRITERIA. A. General. To approve an application, the Planning Board shall find that to the best of its knowledge the purposes of the Regulations, approval criteria, and full compliance with the standards and requirements of this Regulation have been met and the application is not scattered and premature. B. No Default. The Planning Board shall not approve any plan as long as the Applicant is in default on a previously approved plan. C. Phasing of Development. 1. At the time the Planning Board grants approval of a major site plan, it may permit the plan to be divided into two or more separate and distinct phases subject to any conditions the Planning Board deems necessary in order to ensure the orderly development of the plan. This may be accomplished by limiting Final Plan approval to completion of all items in the Performance Agreement. When development is phased, road construction shall commence from an existing public way. The site shall be divided in such a manner that each phase, when aggregated with the previous phase(s), shall meet the standards of these regulations. Final approval of each phase shall be given only upon satisfactory completion of all requirements pertaining to previous phases. 2. If any Town or quasi-town department head notified of the proposed site informs the Planning Board that his/her department or district does not have adequate capital facilities to service the site, the Planning Board shall require the plan to be divided into two (2) or more phases subject to any conditions the Planning Board deems necessary in order to allow the orderly planning, financing and provision of public services. 23

24 3. If the Superintendent of Schools indicates that there is inadequate class room capacity existing in the school(s) that will serve the site, considering all sources of students including but not limited to previously approved but not built site and residential subdivision plans, the Planning Board may require the site plan to be divided into phases to prevent classroom overcrowding. D. Changes. No changes, erasures, modifications or revisions shall be made in any plan after approval has been given by the Planning Board and endorsed in writing on the plan, unless the revised plan is first submitted and the Planning Board approves any modifications, in accordance with these Regulations. The Planning Board shall make findings that the revised plan meets the purposes and approval criteria of these and other regulations. In the event that a plan is recorded without complying with this requirement, it shall be considered null and void, and the Board shall institute proceedings to have the plan stricken from the records. E. Town Acceptance of Property. The approval by the Planning Board of a site plan shall not be deemed to constitute or be evidence of any acceptance by the Town of any street, easement or other Open Space shown on such plan. When a park, playground or other recreation area shall have been shown on the plan to be dedicated to the Town, approval of the plan shall not constitute an acceptance by the Town of such areas. The Planning Board shall require the plan to contain appropriate notes to this effect. The Planning Board may also require the filing of a written agreement between the Applicant and the Town officers covering future deed and title, dedication and provision for the cost of grading, development, equipment and maintenance of any such dedicated area NOTICE OF DECISIO N. Within one hundred forty-four (144) hours of the meeting at which a decision is reached, the Board shall issue a Notice of Decision that states the final decision reached by the Board regarding the application. The signature of the Board in the Approval Block of the drawing(s) shall constitute a Notice of Decision. A. In the case of a conditional approval, the Notice of Decision shall state all conditions, including the conditions precedent to commencing construction and the conditions applicable to the construction itself, to be met for final approval. The plan shall be held by the Planning Board and not signed until all conditions precedent are met. B. In the event that any condition precedent is not satisfied, the Board shall issue a supplemental Notice of Decision stating that the application is denied for failure to comply with the conditions of approval in a timely manner. C. In the case of a disapproval, the Notice of Decision shall state the reasons for denial as required by applicable State regulations and shall include the phrase without prejudice, if appropriate SIGNING AN APPROVED PLAN AND RECORDING. 24