Prior to the submission of an application for subdivision, and particularly for those involving Major Subdivisions, 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.
The Secretary shall determine whether an application for subdivision is complete, as set forth in this Section, and shall submit a Completed Application to the Board for acceptance.
A Completed Application shall include:
The Secretary shall not submit an application that does not meet the requirements of a Completed Application to the Board.
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. The Designated Representative may recommend to the Board the granting, denial or conditional approval of any requested waiver.
The Designated Representative shall review each application for material deficiencies and make recommendations before submission to the Secretary, who will determine if the application complies with the requirements for a Completed Application. The Secretary shall determine whether material deficiencies have been addressed, or whether the applicant must provide additional materials, before such determination can be made.
An applicant shall submit an initial application to the Land Use Administrator for review at least 30 days before the regular meeting of the Board at which the applicant wishes to appear. If the Secretary has determined that the application is a Completed Application at least 21 days before that meeting, it will be placed on the agenda for that meeting. If the application is not determined to be a Completed Application at least 21 days before that meeting, it will be placed on the agenda for the next regular meeting that is at least 21 days after the application is determined to be a Completed Application.
The Secretary shall notify the applicant and the abutters of the submission of a Completed Application and/or the date scheduled for a public hearing 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 posted in two public places and printed in a newspaper of general circulation in the Town at least 10 days prior to the meeting. 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.
At any public hearing on a Completed Application, the Board will hear the applicant and receive comments from abutters and the general public. If the Board determines, after a public hearing, that the application as submitted contains all the information necessary for the Board to make a decision to approve, conditionally approve or disapprove the application and the proposed plat contained therein, it may vote to accept the Completed Application. If the Board determines that the application is not, in fact, sufficient to permit it to make such determination, it may request specified additional information from the applicant, in accordance with Section 3.5, or deny the application, with a statement of its reasons for denial. The Board shall have 65 days following the date of acceptance, as recorded in the minutes, to approve, disapprove or conditionally approve the application and the plats contained therein, subject to Chapter 4 Fees. The Board may, in its discretion, determine to both accept and, after discussion, approve, disapprove or conditionally approve a Completed Application in a single meeting if it has information sufficient for such determination and the fees required by Chapter 4 have been paid.
In the course of considering a Completed Application for acceptance and/or approval at one or more public hearings, 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, and (e) such other factors as the Board may lawfully determine. 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 Completed Application.
The Board shall act to approve, conditionally approve or disapprove an Accepted Application within 65 days following its acceptance. The Board may apply to the Select Board for an extension of the review period not to exceed 90 days. In addition, the applicant may consent to one or more mutually agreed extensions. If the Board has not taken action on an Accepted Application within 65 days following its acceptance and has not obtained an extension, the applicant may obtain an order from the Select Board directing the Board to act within 15 days following issuance of the order. Failure of the Board to act on the order shall constitute grounds for the applicant to petition the Superior Court as provided in RSA 676:4, I (c).
If the Board determines that an Accepted 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, the Zoning Ordinance and other applicable laws and regulations, and the proposed development satisfies all criteria of good planning and design, it shall vote to approve the application. The signatures of the appropriate members of the Board or their permitted designees on the mylar copy of the plat included in the application, with the date of approval, shall evidence approval, and the Board will transmit the signed mylar to the Hillsborough County Register of Deeds for recording, along with the applicable recording fees. The approved plat will not be recorded until all fees have been paid by the applicant.
If the Board determines that an Accepted 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 3.4.3 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 other boards or agencies such as the Environmental Protection Agency, the State Wetlands Board, the Department of Transportation or the State Water Supply and Pollution Control Division, the Board may conditionally approval the application. The approval of the Accepted Application will become final, and the plat may be recorded as set forth in Section 3.4.3, without a further public hearing upon the applicant’s certification 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 an Accepted Application, the reasons for disapproval shall be clearly stated in the minutes of the meeting and written notice thereof provided to the applicant.
Before determining to accept an application or take other action with respect thereto, the Board may in its discretion require (a) the applicant to provide additional information, and to revise the application accordingly, and/or (b) professional review of information submitted by the applicant, in any case, at the applicant’s expense. The Board could, for example, request studies assessing traffic, fiscal or environmental impact, 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 nine days before the public hearing to which consideration of the application has been continued. Failure to timely submit materials shall result in postponement of the public hearing.
If an applicant fails to diligently prosecute an application after the Board has requested further action or information from the applicant in order to determine whether to accept or approve it, the case may be continued on the Board’s agenda for up to two consecutive regular monthly meetings after the date of the request. After such time, as it may be extended in the Board’s discretion, the Board may deny acceptance or approval without prejudice due to lack of diligent prosecution and shall provide written notice thereof to the applicant.
An application involving only the consolidation of two or more lots shall be submitted to the Secretary on the “Caveat Lot Consolidation” form attached to these regulations. The Secretary shall acknowledge receipt of a completed form, together with other documents required thereby, as indicated on the form. Copies of the completed form shall be sent to the Hillsborough County Register of Deeds and to the Town tax assessor.