Site plan review and approval by the Board shall be required for any proposed development involving property located in the Town of Wilton, or as otherwise required by the Zoning Ordinance. No Construction Activity may begin until the site plan has been approved and all conditions to such approval have, in the opinion of the Board, been satisfied.
Prior to the submission of an application for site plan review, a potential applicant is encouraged to come to the Board to discuss the concept of the proposal in the context of the Town's Master Plan, Zoning Ordinance and other regulations. Preapplication review discussions are non-binding, but the Board’s general guidance at this point may save the applicant money and time during the application review.
In addition, responses to general pre-application questions directed to the Designated Representative or the Land Use Administrator by a potential applicant are non-binding. A professional acting as an agent for a potential applicant may direct pre-application questions specific to a proposed application to the Designated Representative or the Land Use Administrator only after, or in connection with, the initial submission of that application.
At least 30 days prior to the next regular meeting of the Board at which an applicant wishes to appear, the applicant shall submit an application, together with all fees and payments authorized by Chapter 4, to the Land Use Administrator. If the application appears complete on its face (including without limitation, all items on the checklist appropriately checked), the Land Use Administrator will direct it to the Designated Representative for an initial completeness review. The Designated Representative shall, within 10 days thereafter, inform the applicant and the Secretary whether the application includes all of the information and documents required to be considered a Complete Application, as set forth in Section 3.3.3, or if not, the Designated Representative shall identify in writing the requirements that have not been met. The Designated Representative shall not review the substance of the submission in connection with the completeness review.
If the Designated Representative does not identify any deficiencies in the application, it shall be submitted to the Board to determine whether it is a Complete Application at the Board’s next regular meeting, provided that the notice required by Section 3.3.5 can be given. If the required notice cannot be given in time for the next regular meeting of the Board, the application shall be submitted for the Board’s determination at its next following regular meeting.
If the Designated Representative identifies deficiencies in the application, the applicant may (a) nevertheless ask the Secretary to submit it to the Board, as set forth above, to determine whether it is a Complete Application, (b) withdraw the application, or (c) without payment of any additional fees, address identified deficiencies and then either resubmit the application for a further completeness review or ask the Secretary to submit it to the Board as set forth above.
Unless the applicant consents to an extension or elects to resubmit an application for a further completeness review, the Board shall make a determination as to whether the application is a Complete Application at its next regular meeting for which the notice required by Section 3.3.5 can be timely given.
A Complete Application shall include:
The applicant may ask the Board to waive any of the requirements for the application contained in these regulations, or other Town regulations, that are permitted to be waived, provided that the applicant has established a basis for the waiver, acceptable to the Board, as described in RSA 674:44 III(e). The Designated Representative may recommend that the Board grant, deny or conditionally approve any requested waiver.
The Secretary shall notify the applicant and the abutters of the submission of an application to the Board pursuant to Section 3.3.2 and/or the date(s) scheduled for the public meeting thereon, by verified mail at least 10 days prior to the meeting and otherwise in accordance with RSA 676:4 I (d). Notice shall be publicly posted in the manner required or permitted from time to time by State law. The Secretary shall give notice in the same manner to the applicant and the abutters of the scheduling of any public hearing with respect to a Complete Application. If notice of the public hearing was included in any prior notice, additional notice is not required. Notice of the adjournment of a hearing is not required, provided that the date, time and place of the rescheduled session has been announced at the prior meeting.
The Board shall determine if an application is a Complete Application at a regular meeting after submission in accordance with Section 3.3.2. If the Board determines that the application is incomplete, it shall inform the applicant of the reasons for its decision; the application shall be deemed withdrawn, and the applicant shall be required to submit a new application, as set forth in Section 3.3, together with all fees and payments authorized by Chapter 4. The Board may, in determining whether an application is a Complete Application, consider the Designated Representative’s recommendation with respect to completeness, but shall not be bound thereby.
The Board shall consider a Complete Application for approval at one or more public hearings for which. Notice has been given in accordance with Section 3.3.5. the Board will evaluate (a) the planning and design of the proposed development, (b) its potential impact on existing Town facilities and services, surrounding natural resources, transportation and/or abutting properties, (c) the ability to comply with Chapter 4 of the Zoning Ordinance, (d) compliance with the other requirements of the Wilton Land Use Laws and Regulations, including, without limitation, the Stormwater Management Regulations, (e) any other factors identified in any provision of the Wilton Land Use Laws and Regulations applicable to the proposed development, and (f) such other factors, including, without limitation, any other then-approved or proposed uses of the property, as the Board may lawfully determine. In addition, if the Board determines that the proposed development could have a regional impact, it shall comply with the requirements of RSA 36:54-58.
The Designated Representative shall have reviewed and commented on the application’s compliance with State requirements and Wilton Land Use Laws and Regulations, as well as accepted planning practices. In accordance with RSA 674:36 II (n), the Board shall consider and vote to grant or deny the applicant's requests for any waivers, as set forth in the Complete Application.
Subject to any extensions permitted in connection with a finding of regional impact, the Board shall act to approve, conditionally approve or disapprove a Complete Application within 65 days following its determination that it is complete. If the Board has not taken action on a Complete Application within such 65-day period (or other period applicable to an application with regional impact), and the applicant has not requested or consented to an extension thereof, the application shall be deemed to have been approved in accordance with the provisions of RSA 676:4.
If the Board determines that (a) a Complete Application, as it may have been amended or augmented by additional information or professional review, and the proposed development meet the requirements of these regulations and the other Wilton Land Use Laws and Regulations, (b) the proposed development satisfies all criteria of good planning and design, and (c) the comments of abutterss and other interested parties who wish to have been heard have been appropriately acknowledged, it shall vote to approve the application. The appropriate members of the Board or their permitted designees shall, in accordance with Chapter 7, sign the mylar copy of the plat included in the application, provide the Notice of Approval to the applicant, and transmit it to the Hillsborough County Register of Deeds for recording. The Notice of Approval will not be recorded until all fees have been paid by the applicant.
If the Board determines that a Complete Application, as it may have been amended or augmented by additional information or professional review, and the proposed development will meet the requirements for approval set forth in Section 3.5.3 upon (a) completion of purely administrative non-discretionary actions, (b) completion of non-discretionary action by the Board, or (c) the issuance of permits or approvals by State or Federal boards or agencies such as the Environmental Protection Agency, the State Wetlands Board, the Department of Transportation, the State Water Supply and Pollution Control Division, or other relevant licensing authorities, the Board may conditionally approve the application and provide the applicant with a written description of the conditions to approval.
The approval of the Complete Application will become final, and the Notice of Approval may be recorded as set forth in Section 3.5.3, without a further public hearing upon the applicant’s certification, and the Board or its agent’s verification, of the fulfillment of all conditions and as set forth in RSA 676:4 I (i). If the conditions are not met by the next regular meeting of the Board after the date on which conditional approval was granted, the Board will determine whether to take further action on the application.
If the Board determines at any time not to approve or conditionally approve a Complete Application, the findings of fact supporting the decision shall be clearly stated in the minutes of the meeting and written notice thereof provided to the applicant.
The Board may, in its discretion, determine to both accept an application as a Complete Application and, after discussion, approve, disapprove or conditionally approve the Complete Application, in a single meeting if (a) it has information sufficient for such determination, (b) notice for the public hearing thereon complying with Section 3.3.5 has been given, and (c) any additional fees required by Chapter 4 have been paid.
Before determining to approve a Complete Application or take other action with respect thereto, the Board may, in its discretion, (a) schedule a site walk, (b) require the applicant to provide additional information, or to address concerns of the Board, and to revise the application accordingly, (c) ask the Wilton Conservation Commission to review, comment on, and/or make recommendations with respect to a proposed site plan or any element thereof, and/or (d) require professional review of information submitted by the applicant, in any case, at the applicant’s expense. The Board could, for example, require studies assessing traffic, fiscal or environmental impact, professional assessment of the effectiveness of proposals designed to comply with the Stormwater Management Regulations or Chapter 4 of the Zoning Ordinance, or legal or other professional review. Information or other materials requested by the Board shall be submitted to the Designated Representative for review at least ten days before the public hearing to which consideration of the application has been continued. If the applicant fails to timely submit materials, the Board may vote to disapprove the application or, in the Board’s discretion and at the request of the applicant, the public hearing may be postponed.
The applicant may, at any time before the Board takes action on a Complete Application, revise it to address concerns raised by the Board or otherwise during the public hearing.
If an applicant fails to prosecute a Complete Application diligently after the Board has requested further action or information from the applicant in order to determine whether to accept or approve it, the Board may vote to disapprove the application or, in the Board’s discretion and at the request of the applicant, the case may be continued on the Board’s agenda for up to two consecutive regular monthly meetings after the date of the applicant’s request. After such time, as it may be extended in the Board’s discretion and at the request of the applicant, the Board may vote to disapprove the application.
Applications for approval of site plans involving only home occupations, and the site plans therefor, shall, to the extent applicable, comply with all the requirements of these regulations other than those set forth in:
If home occupation activity has not begun within one year following site plan approval by the Board, or if a home occupation, once begun, is suspended for more than one consecutive 12-month period, approval under these regulations shall lapse and a new application shall be required.
Nothing contained in this Section 3.7 shall limit the Board’s authority to require, in its discretion, additional information or studies in its discretion as set forth in Section 3.6.
Applications for approval of minor site plans, and the site plans therefor, shall, to the extent applicable, comply with all the requirements of these regulations other than those set forth in:
If the development proposed in a minor site plan has not begun withing six months following site plan approval by the Board, or if the development, once begun, is suspended for more than one consecutive 12-month period, approval under these regulations shall lapse and a new application shall be required.
Nothing contained in this Section 3.8 shall limit the Board’s authority to require, in its discretion, additional information or studies as set forth in Section 3.6.
Applications for approval of major site plans, and the site plans therefor, shall, to the extent applicable, comply with all the requirements of these regulations.