A.Â
Within six months after the on-site inspection by the Board, the
subdivider shall mail a copy of the application for approval of the
final plan to each Board member, including alternate members and the
Code Enforcement Officer at least seven days prior to a scheduled
meeting of the Board. Failure to do so shall require resubmission
of the sketch plan to the Board. The final plan shall approximate
the layout shown on the sketch plan, plus any recommendations made
by the Board.
[Amended 3-9-2019 ATM
by Art. 4]
B.Â
All applications for preliminary plan approval for
a major subdivision shall be accompanied by a nonrefundable application
fee of $50 per lot or dwelling unit, payable by check to the Town
of Shapleigh. In addition, the applicant may pay a fee of $50 per
lot or dwelling unit to be deposited in a special account designated
for that subdivision application, to be used by the Planning Board
for hiring independent consulting services to review the application.
If the balance in this special account shall be drawn down by 75%,
the Board shall notify the applicant, and require that an additional
$10 per lot or dwelling unit be deposited by the applicant. The Board
shall continue to notify the applicant and require an additional $10
per lot or dwelling unit to be deposited as necessary whenever the
balance of the account is drawn down by 75% of the original deposit.
Any balance in the account remaining after a final decision on the
subdivision application by the Board shall be returned to the applicant.
If a public hearing is deemed necessary by the Board, an additional
fee may be required to cover the costs of advertising and postal notification.
C.Â
The subdivider, or his duly authorized representative,
shall attend the meeting of the Board to discuss the preliminary plan.
D.Â
Upon receipt of an application for preliminary plan
approval of a major subdivision, the Board shall notify all owners
of abutting property and the Clerk and reviewing authority of municipalities
that abut or include any portion of the subdivision, specifying the
location of the proposed subdivision and a general description of
the project.
[Amended 3-10-1990 ATM by Art. 28]
E.Â
If any portion of the subdivision crosses municipal
boundaries, the reviewing authorities from each municipality shall
meet jointly to discuss the application.
[Added 3-10-1990 ATM by Art. 28]
F.Â
Within 30 days of receipt of a preliminary plan application
form and fee, the Board shall notify the applicant, in writing, whether
or not the application is complete, and what, if any, additional submissions
are required for a complete application.
G.Â
The Board shall determine whether to hold a public
hearing on the preliminary plan application. If the Board decides
to hold a public hearing, it shall hold the hearing within 30 days
of receipt of a complete application, and shall publish notice of
the date, time and place of the hearing in a newspaper of general
circulation in the municipality at least two times, the date of the
first publication to be at least seven days prior to the hearing.
H.Â
The Board shall, within 30 days of a public hearing,
or within 60 days of receipt of a complete application, if no hearing
is held, or within another time limit as may be otherwise mutually
agreed to by the Board and the subdivider, make findings of fact on
the application and approve, approve with conditions or deny the preliminary
plan. The Board shall specify, in writing, its findings of fact and
reasons for any conditions or denial.
I.Â
When granting approval to a preliminary plan, the
Board shall state the conditions of such approval, if any, with respect
to:
(1)Â
The specific changes which it will require in the
final plan.
(2)Â
The character and extent of the required improvements
for which waivers may have been requested and which, in the Board's
opinion, may be waived without jeopardy to the public health, safety
and general welfare.
(3)Â
The amount of all performance guaranties which it
will require as prerequisite to the approval of the final plan.
J.Â
Approval of a preliminary plan shall not constitute
approval of the final plan or intent to approve the final plan, but
rather it shall be deemed an expression of approval of the design
of the preliminary plan as a guide to the preparation of the final
plan. The final plan shall be submitted for approval of the Board
upon fulfillment of the requirements of these regulations and the
conditions of preliminary approval, if any. Prior to the approval
of the final plan, the Board may require additional changes as a result
of the further study of the subdivision or as a result of new information
received.
A.Â
Location map. The preliminary plan shall be accompanied
by a location map adequate to show the relationship of the proposed
subdivision to the adjacent properties, and to allow the Board to
locate the subdivision within the municipality. The location map shall
show:
(1)Â
Existing subdivisions in the proximity of the proposed
subdivision.
(2)Â
Locations and names of existing and proposed streets.
(4)Â
An outline of the proposed subdivision and any remaining
portion of the owner's property if the preliminary plan submitted
covers only a portion of the owner's entire contiguous holding.
B.Â
Preliminary plan. The preliminary plan shall be submitted
in three copies of one or more maps or drawings which may be printed
or reproduced on paper, with all dimensions shown in feet or decimals
of a foot. The preliminary plan shall be drawn to a scale of not more
than 100 feet to the inch. The Board may allow plans for subdivisions
containing more than 75 acres to be drawn at a scale of not more than
200 feet to the inch, provided that all necessary detail can easily
be read. In addition, one copy of the plan(s), reduced to a size of
8Â 1/2 inches by 11 inches, and all accompanying information shall
be mailed to each Board member, including alternate members and the
Code Enforcement Officer, no less than seven days prior to the meeting.
The following information shall either be shown on the preliminary
plan or accompany the application for preliminary approval:
[Amended 3-9-2019 ATM
by Art. 4]
(1)Â
Proposed name of the subdivision and the name of the
municipality in which it is located, plus the Tax Assessor's Map and
lot numbers.
(2)Â
An actual field survey of the boundary lines of the
tract, giving complete descriptive data by bearings and distances,
made and certified by a licensed land surveyor. The corners of the
tract shall be located on the ground and marked by monuments. The
plan shall indicate the type of monument set or found at each lot
corner.
(3)Â
A copy of the deed from which the survey was based;
a copy of all covenants or deed restrictions, easements, rights-of-way
or other encumbrances currently affecting the property.
(4)Â
A copy of any covenants or deed restrictions intended
to cover all or part of the lots in the subdivision.
(5)Â
Contour lines at the interval specified by the Planning
Board, showing elevations in relation to mean sea level.
(6)Â
The number of acres within the proposed subdivision,
location of property lines, existing buildings, watercourses, vegetative
cover type and other essential existing physical features. The location
of any trees larger than 24 inches in diameter at breast height shall
be shown on the plan.
(7)Â
Indication of the type of sewage disposal to be used
in the subdivision.
(a)Â
When sewage disposal is to be accomplished by
connection to the public sewer, a letter from the sewer district indicating
there is adequate capacity within the district's system to transport
and treat the sewage shall be submitted.
(8)Â
Indication of the type of water supply system(s) to
be used in the subdivision. When water is to be supplied by public
water supply, a letter from the servicing water district shall be
submitted indicating there is adequate supply and pressure for the
subdivision.
(9)Â
The date the plan was prepared, magnetic North point,
graphic map scale, names and addresses of the record owner, subdivider
and individual or company who prepared the plan.
(10)Â
The names and addresses of owners of record of adjacent
property, including any property directly across an existing public
street from the subdivision.
(11)Â
The location of any zoning boundaries affecting the
subdivision.
(12)Â
The location and size of existing and proposed sewers,
water mains, culverts and drainageways on or adjacent to the property
to be subdivided.
(13)Â
The location, names and present widths of existing
and proposed streets, highways, easements, building lines, parks and
other open spaces on or adjacent to the subdivision.
(14)Â
The width and location of any streets or public improvements
shown upon the Official Map and the Comprehensive Plan, if any, within
the subdivision.
(15)Â
The proposed lot lines with approximate dimensions
and lot areas.
(16)Â
All parcels of land proposed to be dedicated to public
use and the conditions of such dedication.
(17)Â
The location of any open pace to be preserved and
an indication of its improvement and management.
(18)Â
A soil erosion and sedimentation control plan endorsed
by the county soil and water conservation district.
(19)Â
A plan for the disposal of surface drainage waters,
prepared by a registered professional engineer.
(20)Â
A copy of that portion of the county soil survey covering
the subdivision. When the medium-intensity soil survey shows soils
which are generally unsuitable for the uses proposed, the Board may
require the submittal of a report by a registered soil scientist indicating
the suitability of soil conditions for those uses.
