An application and the plans and plat contained therein shall reflect the following general requirements and principles for the development of land.
No development requiring site plan review and approval shall commence until an application, including a plat, prepared in accordance with these regulations, has been approved by the Board, all other required State, local and Federal permits and approvals have been issued, and the Notice of Approval has been recorded at the Hillsborough County Registry of Deeds.
Where strict conformity to these regulations would result in undue hardship or injustice to the applicant, a proposed site plan substantially conforming to these regulations may be approved by the Board, provided, that the spirit of these regulations is upheld, and the public health, safety and welfare are not adversely affected.
A proposed site plan shall comply with the Wilton Land Use Laws and Regulations and applicable State and Federal codes, laws and regulations.
An applicant shall conduct an analysis of the site at the applicant’s expense to assess the positive and negative characteristics of the site relating to the proposed development. The analysis will, as applicable to the proposed development, address soils; topography; existing vegetation; threatened and endangered species; wetlands and surface waters; drainage patterns; groundwater resources; septic impact; existing structures and road networks; existing and future easements; open space and visual features; historic features; present and future use of the site; impact on public services and facilities such as water, sewer, schools, fire and police; and surrounding land uses. The layout of the proposed development will be based on the site analysis. To the maximum extent possible, development will be located to preserve the natural features of the site, to avoid environmentally sensitive areas and to minimize negative impacts. The analysis in connection with a home occupation may, in the discretion of the Land Use Administrator or the Designated Representative, address only such characteristics of the site as are relevant to the proposed home occupation, provided that the Board may, in its discretion, request additional information as set forth in Section 3.6.
Land of such character that it cannot, in the judgment of the Board, be safely developed because of danger to the public health or peril from fire, flood, poor drainage or other hazardous conditions, shall not be used for residential, commercial or industrial purposes nor for such other uses as may increase the danger to life or property, or aggravate the flood hazard. Land with inadequate characteristics or capacity for subsurface sewage disposal shall not be used for residential, commercial or industrial purposes unless connected to a municipal sewer system.
Applicants whose applications involving land designated as “Special Flood Hazard Areas” by the National Flood Insurance Program shall:
The Board shall not approve scattered or premature development that could adversely affect the public health, safety or welfare because of inadequate water supply, drainage, impact on transportation, school capacity, fire protection or other public services, or would necessitate the disproportionate expenditure of public funds to supply such services.
The Board may make recommendations to the applicant relating to earth movement and retention of natural cover, and may require the applicant to retain, or establish or replace with plantings that are mature enough, in the opinion of the Board to survive and to promptly provide, adequate buffers, as determined by the Board in accordance with Section 10.9.3, in order to preserve the natural, visual quality of Wilton and its environment.
Areas set aside for parks, playgrounds and open space, either dedicated to the Town or reserved for the common use of the property owners, shall be of reasonable size and character suitable to the purpose. Reserve strips of land which, in the opinion of the Board, show intent on the part of the applicant to control access to land dedicated or to be dedicated for public use shall not be permitted.
The boundaries of proposed permanent easements for utilities and drainage ways, over or on the property, shall be shown on the plat. Such easements shall have a minimum width of 20 feet. Adequate access from existing or proposed public ways shall be provided for each easement. Watercourses proposed for public control shall have a permanent easement of not less than 20 feet.
In addition to complying with the requirements of Section 4.10 of the Zoning Ordinance and the Stormwater Management Regulations, the applicant shall address the potential impacts of the proposed development on air quality, surface water and groundwater resources, wetlands, noise, odor, vibrations, erosion and sedimentation, historic or archaeologic resources, existing character of the area and any other significant natural or man-made features.
The applicant shall demonstrate the adequacy of the Town's existing solid waste disposal facility to service the projected solid waste volumes and waste composition that are anticipated to be generated at the site as a result of the proposed development. No waste material shall be disposed of or allowed to remain on-site except within an enclosed or stationary containment system. Containment areas shall be sufficiently screened from view by fencing or other material.
Prior to approval of a Complete Application, legal documents, including but not limited to proposed easements, restrictive covenants, or other documents affecting legal title, or imposing other obligations with respect, to the property, shall be submitted to the Board and reviewed and approved, in form and substance, by legal counsel for the Town, at the expense of the applicant.
The applicant shall note on the plat included with the application proposed milestones defining active and substantial development and substantial completion for the proposed development. The Board may accept the applicant’s proposals or require changes to any such milestones, which shall then be noted on the approved plat.
Upon active and substantial development, the rights set forth in RSA 674:39, I, 5-year Exemption and RSA 676:4-a, Revocation, shall accrue. Prior to the expiration of the 24-month period during which active and substantial development must take place, the Board may, for good cause, extend such period and may also grant further extensions on similar conditions prior to the expiration of any extension.
Upon substantial completion, the rights set forth in RSA 674:39 II shall accrue.