Town of Newmarket New Hampshire - Site Plan Regulations Section 2.00 Application Process

Site Plan Regulations Section 2.00 Application Process

SECTION 2.00: APPLICATION PROCESS

2.01 PRELIMINARY CONCEPTUAL CONSULTATION. This meeting shall be directed at a review of the basic concept of the proposal and suggestions that might be of assistance in resolving problems with meeting requirements during final consideration. The Board and applicant may discuss proposals in conceptual form only and in general terms such as desirability of types of development and proposals under the Master Plan. The presentation to the Board of new surveys, engineering plans or similar materials shall not be allowed under this process, so the Chairman must be careful to keep these discussions at a general level. Typically, maps from the Master Plan, tax maps, county soil survey maps and the like are acceptable levels of generality upon which to base these discussions. Such consultation shall not bind either the applicant or the Board, and statements made by Board members shall not be the basis for disqualifying said members or invalidating any action taken. Such discussion may occur without the necessity of giving formal public notice, but such discussions may occur only at formal meetings of the Board. Preliminary conceptual consultation meetings are strictly optional to the applicant.

2.02 DESIGN REVIEW. The Board and applicant may engage in non-binding discussions beyond conceptual and general discussions, addressing more specific design, planning and engineering details, provided that the design review may proceed only after formal public notice is provided. Statements made by Board members shall not be the basis for disqualifying said members of invalidating any action taken. The applicant shall pay appropriate public notice fees as specified in §2.05(B), and shall provide all required materials and information required for public notice per §2.09 and §2.10. Design Review meetings are strictly optional to the applicant, but such meetings can be helpful in identifying and resolving problems in an application prior to major design investments by the applicant.

2.03 MINOR REVIEW. The application for a Minor Review shall be made to the Board, and shall follow the process specified in §2.05 through §2.18 of this Regulation. Approved Minor Review plans shall not be recorded at the Rockingham County Registry of Deeds. The following shall be provided to the Board:

(A) Completed application, which shall contain the following:

(1) Correctly completed application form, signed by the property owner(s).

(2) Abutters list, with: correct abutters, dated within five days of submittal, and signed by preparer, with accompanying adhesive mailing labels.

(3) Payment of fees for administration and public notice.

(4) One copy of a boundary survey which meets the requirements of §4.10(A)(1) and (2). The abutters shall be revised by the applicant if abutters are not shown on the plan, or if they have changed since the survey was originally prepared.

(5) Three copies of a Site Sketch, which complies with the following standards:

(a) drawn roughly to scale at 1" equals 20'. A tape measure should be used to measure important distances, and these measurements should be labeled on the site sketch.

(b) shows key elements of the site, including buildings, setback lines, parking spaces, driveways, traffic aisles, pedestrian, bicycle and wheelchair facilities, drainage facilities, surface waters, wells, septic systems, and other relevant information.

(6) Documentation that the following applications and correspondence have been submitted:

(a) letters to the appropriate Town officials regarding local permits and reviews for issues including but not limited to driveways, water and sewer systems, and safety review.

(b) copies of applications for State permits including but not limited to wetlands, septic, driveway, site specific, and underground storage tank.

(7) List uses on the site, along with data about the amount of each activity (floor area, seating capacity, etc.).

(8) The following additional information shall be required for an application regarding a telecommunications facility:

(a) Written proof that a proposed use/facility complies with FCC regulations on radio frequency (RF) exposure guidelines, and FAA regulations on tower lighting.

(b) Written proof that an evaluation has taken place, as well as the results of such evaluation, satisfying the requirements of the National Environmental Policy Act (NEPA) further referenced in applicable FCC rules. If an Environmental Assessment (EA) or an Environmental Impact Statement (EIS) is required under the FCC rules and NEPA, submission of the EA or EIS to the Board prior to the beginning of the federal thirty (30) day comment period, and the Town's site review process, shall become part of the application requirements.

(c) Provide an inventory of existing towers that are within the jurisdiction of the Town and those within two miles of the border thereof, including specific information about the location, height, design of each towers, as well as economic and technological feasibility for co-locations on the inventoried towers.

If the applicant is proposing to build a new tower, the applicant shall submit written evidence demonstrating that no existing permitted tower or structure can accommodate the applicant's proposed antenna. This evidence shall consist of one or more of the following:

[1] Substantial evidence that no existing permitted towers or structures are located within the geographic area required to meet the applicant's engineering requirements, provided that a description of the geographic area required is also submitted.

[2] Substantial evidence that existing permitted towers are not of sufficient height to meet the applicant's engineering requirements, and why.

[3] Substantial evidence that the existing permitted towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

[4] Substantial evidence that applicant's proposed antenna would cause electromagnetic interference with the antenna on the existing permitted towers or structures, or the antenna on the existing towers or structures would cause interference with the applicant's proposed antenna.

[5] Substantial evidence that the fees, costs, or contractual provisions required by the owner in order to share the existing permitted tower or structure are unreasonable. Costs exceeding new tower development are presumed to be unreasonable.

[6] Substantial evidence that the applicant can demonstrate other limiting factors that render existing permitted towers and structures unsuitable.

(d) The applicant proposing to build a new tower shall submit an agreement with the Town that allows for the maximum allowance of co-location upon the new structure. Such statement shall become a Condition to any Approval. This statement shall, at a minimum, require the applicant to supply available co-location for reasonable fees and costs to other telecommunications providers. Failure to provide such an agreement is evidence of the applicant's unwillingness to cooperate with the orderly and well-planned development of the Town and is grounds for denial.

(e) The applicant shall submit the engineering information detailing the size and coverage required for the facility location. The Planning Board may have this information reviewed by a consultant for verification of any claims made by the applicant regarding technological limitations and feasibility for alternative locations. Cost for this review shall be borne by the applicant in accordance with NH RSA 676:4(g).

(f) Each applicant for a tower, monopole, or alternative structure shall submit a design certified by a New Hampshire Licensed engineer that the structure has been engineered to accommodate the maximum number and type of all compatible telecommunication media antenna.

(B) The Board will generally use the Checklist for Application Completeness; Minor Review Application, provided in §6.00, to ensure completeness prior to accepting the application. The applicant is encouraged to use this checklist to ensure that the application is complete prior to submittal.

(C) Time and budget permitting, the Board will generally have a written review of the application prepared by a professional planner. Where possible, this written review should be prepared and available one week prior to the meeting at which application acceptance will be considered. The review will address both application completeness and compliance with applicable laws, regulations and ordinances. Additional reviews may be prepared in the case of applications, which take more than one meeting. Applicants may pick up a copy of the written review at the Town Offices as soon as it is available to the Board.

(D) Board members should visit the site prior to the meeting to familiarize themselves with the site. The Board may, by motion, require a site visit prior to application approval.

2.04 MAJOR REVIEW. The application for a Major Review shall be made to the Board, and shall follow the process specified in §2.05 through §2.18 of this Regulation. Approved Major Review plans shall be signed and recorded at the Rockingham County Registry of Deeds. The following shall be provided to the Board:

(A) Completed application, which shall contain the following:

(1) Correctly completed application form, signed by the owner.

(2) Abutters list, with: correct abutters, dated within five days of submittal, and signed by preparer, with accompanying adhesive mailing labels.

(3) Payment of fees for administration and public notice.

(4) Three paper copies of all plans, complying with all requirements of §4.00.

(5) Documentation that the following applications and correspondence have been submitted:

(a) letters to the appropriate Town officials regarding local permits and reviews for issues including but not limited to driveways, water and sewer systems, and safety review.

(b) copies of applications for State permits including but not limited to wetlands, septic, driveway, site specific, and underground storage tank.

(6) The following additional information shall be required for an application regarding a telecommunications facility:

(a) Written proof that a proposed use/facility complies with FCC regulations on radio frequency (RF) exposure guidelines, and FAA regulations on tower lighting.

[2] Substantial evidence that existing permitted towers are not of sufficient height to meet the applicant's engineering requirements, and why.

[3] Substantial evidence that the existing permitted towers or structures do not have sufficient structural strength to support applicant's proposed antenna and related equipment.

[6] Substantial evidence that the applicant can demonstrate other limiting factors that render existing permitted towers and structures unsuitable.

(B) The Board will generally use the Checklist for Application Completeness; Major Review Application, provided in §6.00, to ensure completeness prior to accepting the application. The applicant is encouraged to use this checklist to ensure that the application is complete prior to submittal.

(C) Time and budget permitting, the Board will generally have written reviews of the application prepared by a professional planner and a Professional (Civil) Engineer. Where possible, these written reviews should be prepared and available one week prior to the meeting at which application acceptance will be considered. The reviews will address both application completeness and compliance with applicable laws, regulations and ordinances. Additional reviews may be prepared in the case of applications, which take more than one meeting. Applicants may pick up copies of the written reviews at the Town Offices as soon as they are available to the Board.

(D) Board members should visit the site prior to the meeting to familiarize themselves with the site. The Board may, by motion, require a site visit prior to application approval.

2.05 FEES. In accordance with RSA 676:4,I(g) and RSA 674:44,V, the applicant shall pay the following fees to compensate the Town for its expenses in processing, noticing and reviewing each application:

(A) Administration: (Amended October, 1999, December 2003)

(1) Minor Review: $125

(2) Major Review, one or more of the following shall apply:

(a) Residential Base Fee $250

Per Unit $125

(b) Commercial Base Fee $250

Plus per square foot of floor space-

0-1,000 $0.12 per sq. ft.

1,001-5,000 $0.10 per sq. ft.

5,001-10,000 $0.08 per sq. ft.

10,001+ $0.05 per sq. ft.

Plus per square foot of floor space-

0-1,000 $0.06 per sq. ft.

1,001-5,000 $0.05 per sq. ft.

5,001-10,000 $0.04 per sq. ft.

10,001+ $0.03 per sq. ft.

(B) Public Notice:

(1) $40.00 per newspaper notice; plus

(2) $7.00 per abutter or other party notified.

(C) Recording: The applicant shall reimburse the Town the cost of recording at the Rockingham County Registry of Deeds, with specific amounts as set by the Register of Deeds.

(D) Other costs incurred by the Board in reviewing the application, as limited in §5.02, shall be passed through to the applicant by the Board unless specifically waived.

2.06 COMPLETE APPLICATION. The applicant must provide a complete application in order for the Board to have authority to approve the application, per RSA 676:4,I(b). Specific requirements are listed in §2.03 and §2.04. In addition to the information that the applicant provides, an application shall not be considered complete without a written review from the Code Enforcement Officer detailing compliance issues with the Zoning Ordinance. Applications, which appear complete, shall be scheduled on the next available Board agenda for consideration.

2.07 SUBMITTAL OF APPLICATION MATERIALS. All materials to be submitted to the Board for consideration shall be submitted prior to the meeting so that Board members, the public, and staff may have sufficient opportunity to review the application without unnecessarily rushing the review and/or delaying the proceedings of the meeting. The following shall apply:

(A) Application Acceptance. In accordance with RSA 676:4,I(b), all materials required to constitute a complete application shall be submitted to the Board at least 15 days prior to the meeting at which it will be considered for application acceptance, except that this shall be increased to 21 days when it is determined that there may be a potential regional impact per §2.10.

(B) Other Public Hearings. New materials shall be submitted to the Board at least 14 days prior to a meeting when a new public notice is required.

(C) Continued Meetings. When consideration of an application is continued and new information is required, the Board should specify the deadline for filing this new information in the motion to continue the meeting. Lacking such direction by the Board, all submittals should be provided not less than one day prior to the meeting.

2.08 APPLICATION FOR OTHER PERMITS/APPROVALS. The Board shall not grant a final approval to an application until all other government permits and approvals are obtained. The only exception to this requirement shall be when State or Federal permits require prior local approval. Applicants are advised to apply early for these other approvals to avoid unnecessary delays in obtaining final Town approval.

2.09 PUBLIC NOTICE. Per RSA 676:4,I(d), public notice shall be required for all applications. The public notice shall identify the property owner, the location, and a general description of the proposal.

(A) Public notice shall be required for the following:

(1) design review meetings;

(2) meetings at which an application is considered for acceptance; and

(3) meetings at which a public hearing is conducted.

(B) Public notice shall be mailed to the applicant, the applicant's authorized representative, any professional (surveyor, engineer, architect, soil scientist) whose stamp and signature appear on any of the plans or other materials submitted as part of the application package, and each abutter at least 10 days prior to the meeting for which the notice is required. Such notification shall be mailed by certified mail.

(1) Using the Abutters List form provided in §6.00 of this Regulation, the applicant shall prepare a list of abutters using Town records no sooner than 5 days prior to the submittal of the application; and

(2) The applicant shall provide an adhesive mailing label for each party on the abutters list, including the applicant and authorized representative. The labels shall be no larger than 1" by 2.75" in size.

(D) Public notice shall be published in a newspaper of general circulation. This notice shall be sent to the newspaper at least 10 days prior to the meeting.

(E) Continuation of a meeting or public hearing shall not require new public notice provided that, at the prior meeting or hearing, the Board shall state the location, date, and time at which the continued session shall resume per RSA 676:4,I(d). The deadline for the applicant's submittal of new or updated materials should also be specified.

2.10 REGIONAL NOTICE. In accordance with RSA 36:54-58, applications which might have a regional impact shall require additional public notices and additional posting time.

(A) Determination of potential regional impact shall be found only for applications which qualify for Major Review and which also meet any of the following criteria:

(1) Any portion of the property is located within 500 feet of the border of the Town of Newmarket;

(2) The application involves 10,000 square feet or more of new non-residential floor space;

(3) The proposal involves 20 or more residential units;

(4) The proposal involves property located on the shore of Great Bay or the Lamprey River; or

(5) other as the Board may reasonably determine.

(B) Notice shall be sent by certified mail 14 days in advance of the scheduled public hearing to the Strafford Regional Planning Commission and/or the Rockingham Planning Commission, and to each town reasonably likely to be affected, with each governmental entity to be considered an abutter for purposes of listing on the Abutters List, offering testimony, and computing public notice fees.

2.11 APPLICATION ACCEPTANCE. Before an application is reviewed by the Board, it must be accepted by a formal vote of the Board. The applicant shall attend this meeting to ensure that questions can be answered and issues clarified as necessary. Per RSA 676:4,I(b), the Board shall vote to accept the application only upon determination that the application is complete per this Regulation. Upon acceptance, review of the application may proceed. If an application is not accepted, the Board may proceed with Design Review discussions per §2.02. The Design Review meeting may be continued to another date and time for Application Acceptance without further public notice.

2.12 APPLICANT'S PRESENTATION. Following application acceptance, the applicant shall make a brief, general presentation to the Board and audience. This presentation should include a brief description of the proposed project and a general description of the design, layout, and so forth, to ensure general familiarity with the application. The applicant should also identify specific issues that they would like to discuss in more detail during deliberation. The applicant is solely responsible for bringing any audio-visual materials or equipment needed. The Chairman shall have sole authority to limit the time taken for this presentation to keep the meeting moving, and applicants should plan on 10 minutes or less for most applications.

2.13 PUBLIC HEARING. The Board shall open a public hearing following application acceptance and the applicant's presentation. The purpose shall be to solicit public input, comments, questions and concerns. The Chairman may temporarily suspend public comment during the public hearing so that the Board may deliberate, vote on waivers, and so forth. Before acting on intermediate issues such as waivers, the Board should solicit public input specific to the action beforehand to ensure that the Board has received all relevant information. The public hearing may be continued if additional meetings are necessary, provided that the Board follows the continuation procedures specified in §2.09(E). Only when all pertinent, new public input is complete shall the Chairman close the public hearing. The applicant shall be responsible for attending the public hearing, including all continuations, to ensure that questions can be answered and issues clarified as needed.

2.14 DELIBERATION. The Board shall deliberate as necessary to make its decisions. The deliberation does not necessarily follow the public hearing, and will likely be interspersed with the public hearing. This is the appropriate forum for the applicant and Board to discuss specific issues.

2.15 DECISION. Pursuant to RSA 676:4,I(c), the Board shall issue a decision within 90 days of application acceptance, subject to time extensions as per RSA 676:4,I(f). Applications, which are not accepted, require no decision. The Board must approve, conditionally approve, or disapprove the application as follows:

(A) Approval. The Board shall grant approval to an application when the application fully complies with the standards and processes of this Regulation and other applicable laws.

(B) Conditional Approval. The Board may grant conditional approval to an application when minor additional action by the applicant will bring the application into full compliance for approval. This may include payment of fees, minor changes in design, and other matters, subject to the requirements of RSA 676:4,I(i):

(1) Minor plan changes, whether or not imposed by the Board as a result of a public hearing, compliance with which is administrative and which does not involve discretionary judgment; or

(2) Conditions which are in themselves administrative and which involve no discretionary judgment on the part of the Board; or

(3) Conditions with regard to the applicant's possession of permits and approvals granted by other governmental units.

(C) Disapproval. The Board shall disapprove an application when it fails to comply with the standards and/or procedures of this Regulation, for failure to meet reasonable deadlines established by the Board, or for failure to pay fees.

(1) If the Board includes the phrase, "without prejudice" in the motion to disapprove, it signifies that the application was denied solely for procedural reasons, and that it may be re-submitted to the Board at a later date without design changes, but shall be subject to the codes in effect at the time of the new application. Applications disapproved without this stipulation shall not be considered again by the Board unless the applicant demonstrates that there have been design changes or changes in regulations affecting the application.

(2) Conditional Approvals shall be valid for a period of not more than six months. If the conditions of the approval have not been satisfied within this time, the conditional approval shall automatically lapse. The Planning Board may grant a single six-month extension to accommodate unusual circumstances, but the applicant is required to provide a written request for extension to the Board before the expiration date. The Board shall consider the request at its next regular meeting, and such action shall not require a public hearing.

2.16 NOTICE OF DECISION. As required by RSA 676:3, within 72 hours of the meeting the Board shall issue a Notice of Decision which states the final decision reached by the Board regarding the application.

(A) In the case of a conditional approval, the Notice of Decision shall state all conditions to be met for final approval.

(1) In the event that the conditions are satisfied, the Board shall issue a supplemental Notice of Decision stating that the application is approved since all conditions have been satisfied, and shall sign and record the plat(s) if applicable.

(2) In the event that the conditions are not satisfied, the Board shall issue a supplemental Notice of Decision stating that the application is denied for failure to comply with the conditions of approval in a timely manner.

(B) In the case of a disapproval, the Notice of Decision shall state the reasons for denial as required by RSA 676:4,I(h) and RSA 676:3,I.

2.17 APPEALS. Any person aggrieved by any decision made in the course of applications pursuant to this chapter may appeal as follows:

(A) Decisions by the Planning Board based solely upon interpretation of the Zoning Ordinance may be appealed to the Zoning Board of Adjustment or Rockingham County Superior Court, as determined by the provisions of RSA 676:5,III. Appeals to the ZBA must be filed within 20 days after the filing of the Notice of Decision in the Town Offices. Appeals made to Superior Court must be filed as specified in §2.17(B).

(B) All other decisions by the Planning Board may be appealed to Rockingham County Superior Court per the provisions of RSA 677:15. The appeal shall be presented to the Court within 30 days after the filing of the Notice of Decision in the Town Offices.

(C) The time limit for appeals begins on the day on which the Planning Board decision is filed and first becomes available for public inspection. Per §2.16, this should occur within 72 hours of the Board's decision.

2.18 REVOCATION OF APPROVAL. The Board may act to revoke an approval per the requirements of RSA 676:4-a.

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