E.0 Procedure

1. Pre-Application

Prior to formal application for approval of a cluster development plan, the owner or his agent shall meet with the Planning Board to discuss the regulations governing cluster development to informally review the owner’s proposed use of the land. The purpose of this pre-application meeting is to facilitate the preparation of the formal application and the cluster development plan in conformance with all applicable regulations.

2. Application

All applications for cluster developments shall be made in writing on the forms provided by the Planning Board, by the owner of the property or his agent as designated in writing by the owner.

The completed application together with the documentation required in these regulations shall be submitted to the Planning Board and placed on the Board's agenda for consideration within thirty (30) days of its receipt. A fee of thirty-five dollars ($35.00) plus one dollar ($1.00) per each acre over thirty-five (35) acres for each gross tract acre not to exceed one hundred ($100.00) dollars shall be paid to the Town of Wilton at the time of filing the application. This fee shall be used to defray Town administrative costs including legal advertising involved in reviewing the application. No application shall be accepted by the Planning Board nor placed on the Board's agenda until such fee has been paid.

Within ninety (90) days of receipt of the application, the Planning Board shall act to approve or disapprove the plan as submitted or amended, provided that the Planning Board may apply to the Selectmen for an extension not to exceed an additional ninety (90) days before acting to approve or disapprove; and also provided that the applicant may waive, in writing, this requirement and consent to an extension of such period. If the Planning Board does not approve or disapprove the plan in this period, the plan shall be deemed to have been approved.

No plan shall be approved by the Planning Board without the Board affording a hearing thereon. All abutters shall be notified of said hearing by certified or registered mail. The applicant shall be notified of said hearing by certified or registered mail, with return of receipt requested, stating the time and place of such hearing, not less than five (5) days before the date fixed therefore. If the Board shall vote to disapprove, the owner or his authorized agent shall be notified in writing and the specific causes of disapproval shall be noted.

The Planning Board may require the owner or his authorized agent to deposit in escrow with the Town an amount of money sufficient to cover the costs for any professional review of the preliminary plan documents which the Board may feel is reasonably necessary to protect the general welfare of the Town. Such amount of escrow shall not exceed the total of three hundred dollars ($300.00) plus ten ($10.00) per one thousand (1,000) square feet of proposed building floor area. This escrow payment shall be made before the Board engages any outside party to undertake this review. Any part of this escrow payment in excess of the final costs for this review shall be returned to the owner or his agent.

3. Preliminary Plan Submission

When the owner of the property or his authorized agent makes formal application for the approval of a cluster development, his application shall include the following, which shall constitute a Preliminary Plan. This list may not be exhaustive and may entail additional requirements that might need to be addressed. (Amended September 2, 2020)

1. A fully executed and signed copy of the application for cluster development plan review.
2. Four (4) copies of the total cluster development plan, at a scale of not more than one (1) inch equals one hundred (100) feet, and of such additional maps at a larger scale, preferably one (1) inch equals fifty (50) feet, necessary to allow review of the items listed under the preceding general standards. Such plan and maps shall show the following:
   1. Owner's name, address and signature.
   2. Names and addresses of all abutting property owners.
   3. A sketch map showing the total site and major road and open space networks at a scale of one (1) inch equals one thousand (1000) feet and also locating the site within the Town.
   4. Boundary of the entire parcel held in single ownership regardless of whether all or part is being developed at this time.
   5. The bearings and distances of all existing property lines and the source of information.
   6. Zoning classification(s) of the property, and the location of zoning districts when the property is in two or more districts.
   7. Soil types and location of soil boundaries as certified by a Registered Engineer or the Hillsborough County Conservation District.
   8. The character of community graphics and exterior lighting.
   9. The location of all existing and proposed buildings, driveways, parking spaces, loading areas, open spaces, large trees, signs, exterior lighting, service areas, easements and landscaping.
   10. The approximate location of all buildings within two hundred (200) feet of the parcel to be developed.
   11. The location of all intersecting roads or driveways within two hundred (200) feet of the parcel.
   12. The location of all water bodies, waterways, wetlands, and dry water beds.
   13. A storm water drainage plan showing the proposed general method for handling storm water run-off.
   14. Existing and proposed topography of the site at five (5) foot contour intervals and the source of this information. Enlargement of U.S.G.S. quad sheets will not be acceptable for any portion of the site proposed for development.
   15. A utility plan showing proposed water supply and wastewater disposal.
   16. The location, dimensions and engineering specifications, agreements relating to responsible parties, and other information or documentation relating to any independent fire suppression systems such as cisterns, as set forth in Section C.12. (Amended September 2, 2020)
   17. A staging plan showing the sequence and approximate timetable of development.
   18. Proposed milestones for reaching “active and substantial development” and “substantial completion”.
3. Copies of any legal documents including, but not limited to, easements, restrictive covenants, or other documents affecting legal title to the property or agreements affecting obligations with respect thereto, as set forth in Section C.12. (Amended September 2, 2020)
4. A description upon the plan itself of any proposed easements, restrictive covenants, or other documents affecting legal title to the property or agreements affecting obligations with respect thereto, as set forth in Section C.12. (Amended September 2, 2020)

4. Preliminary Plan Revisions and Approval

The Board shall undertake a review of the Preliminary Plan to assure its compliance with the standards set forth in these regulations and the principles of sound land planning. During this review, the Board may consult with outside professionals who are qualified to comment on the plan and may hear and confer with other parties whose interests may be affected by the proposed cluster development. Following its review, the Board shall communicate to the owner or his agent, the specific changes, if any, which will be required prior to the Board's preliminary approval.

Upon receipt of a revised Preliminary Plan (if required), the Board shall again review the plan. This procedure shall be repeated until such time as the Board is satisfied that the Preliminary Plan is in compliance with these regulations and exhibits sound planning for the use of the land.

At this time the Board shall hold a public hearing(s) on the Preliminary Plan. After such hearing(s), the Board shall communicate to the owner or his agents any additional changes (if any) which will be required for approval of the Preliminary Plan. Upon receipt of the revised Preliminary Plan, the Board shall act to approve or disapprove the Preliminary Plan.

5. Final Plan Submission and Approval

After receiving Planning Board approval of the Preliminary Plan, the owner or his authorized agent shall submit four (4) copies of a final Cluster Development Plan to the Board for final approval or disapproval. The Planning Board shall review the submission and may use such outside professional consultants as it deems necessary. The Final Plat shall also constitute a Final Plat under the Subdivision Regulations of the Town of Wilton and shall conform to the said regulations. The Final Plan shall show all information required of the Preliminary Plan submission and shall also include and show the following:

1. Conformity with the Preliminary Plan, except that modifications to the Preliminary Plan may be made if expressly noted and approved individually by the Board prior to final approval.
2. Surveyed bearings and distances of all property lines and acreages of all individual parcels.
3. The location and size of all signs and exterior lighting.
4. Storm water drainage, showing:
   1. The location, elevation, and size of all catch basins, drywells, drainage ditches, swales, retention basins and storm sewers.
   2. Engineering calculations used to determine drainage requirements based upon a ten (10) year storm frequency.
5. Existing and proposed topography at two (2) foot intervals for those portions of the site which development or construction of any kind is to occur.
6. A utility plan showing all necessary facilities for water supply and wastewater disposal including the size and location of all piping, holding tanks, leach fields, etc.
7. The locations, dimensions and engineering specifications, agreements relating to responsible parties, and other information or documentation relating to any independent fire suppression systems such as cisterns, as set forth in Section C.12. (Amended September 2, 2020)
8. All written approvals and permits required by the State for the development, including but not limited to the approvals for sewage disposal, dredging, filling, or drainage, and highway modifications and access points.
9. Copies of any legal documents including, but not limited to, easements, restrictive covenants, or other documents affecting legal title to the property or agreements affecting obligations with respect thereto, as set forth in Section C.12. (Amended September 2, 2020)
10. A description upon the plan itself of any proposed easements, restrictive covenants, or other documents affecting legal title to the property or agreements affecting obligations with respect thereto, as set forth in Section C.12. (Amended September 2, 2020)
11. The Planning Board may require the owner or his authorized agent to deposit in escrow with the Town, that sum of money sufficient to cover the costs of any professional review of the documentation submitted by the owner or his agent which the Board determines is reasonably necessary to protect the general welfare of the Town. This escrow payment shall be made before the Board engages any outside third party to undertake this review. Any excess escrow above the final cost to the Town shall be returned to the owner or his agent.
12. A bond or bonds posted by the owner or his agent sufficient to guarantee the satisfactory completion of all necessary improvements such as streets, storm drainage, recreation facilities, and the extension of public water and sewer lines. This bond shall be approved as to form and sureties by the Board. The agreement shall be conditioned upon completion of the improvements within such time period as shall be determined by the Board. In the case of phased development plans, separate bonds may be required for each individual phase.
13. Defined milestones of “active and substantial development” and “substantial completion”, as determined and approved by the Planning Board.

The bond(s) shall be released upon satisfactory completion of all improvements and the receipt by the Board of such "as-built plans" as the Board shall require for the improvements which shall be provided by the developer.

6. Filing Procedures

Following Planning Board approval of the Cluster Development Plan, the owner or his agent shall file in the Hillsborough County Registry of Deeds the approved Final Plan which shall serve as both the Cluster Development Plan as well as, where applicable, the approved Subdivision Plan. At the time that the approved plans are filed in the Registry, the owner shall also file the legal documents that will produce the guarantees described and contained in Paragraph "C. General Regulations" of these regulations. Amendments to the approved plan shall also be filed with the Hillsborough County Registry of Deeds following their approval by the Planning Board.

7. Amendments to an Approved Plan

The owner, his agent or his successors or assigns shall make no alterations or additions to or deletions from the approved Cluster Development Plan except as approved in advance by the Planning Board. All requests for changes to the approved plan shall be made in writing to the Board and shall be accompanied by such documents as necessary to explain the requested change. The Board shall determine if the requested change is minor or major in nature.

1. Minor Changes

   A minor change shall be one which respects the approved plan's basic land allocations in terms of use and intensity, the type and variety of facilities and dwelling units being provided, and the timing for providing these facilities, but shall not include any increase in the overall density of the development. The Board may hold a public hearing on the proposed change with proper notification of all abutters, including those of the original proposed development as well as any additional ones which may have been created by development activity within the development itself. The Board shall then act to approve or disapprove with written notification to the owner of its action. Any approved changes involving changes in any lot boundaries shall be recorded as a subdivision change in the Registry of Deeds.

2. Major Changes

   Any requested change which the Board determine does not qualify as a minor change shall be required to be submitted as a separate Cluster Development Plan in accordance with these regulations and procedures.