§ 123-16 - Decision.

§ 123-16 - Decision.

Pursuant to RSA 676:4, I(c), the Board shall issue a decision within sixtyfive (65) days of application acceptance, subject to time extensions as per RSA 676:4, I (f). Applications that are not accepted require no decision. The Board must approve, conditionally approve, or deny the application, as follows:

  1. Approval. The Board shall grant approval to an application when it fully complies with this chapter, including both design standards and compliance with procedures, subject to waivers granted and grandfathered rights.
  2. 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, 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.

Conditional approvals shall be assigned an expiration date which is coincident with a regularly scheduled meeting not more than 90 days from the date when the conditional approval is granted. The Planning Board may, at its discretion, extend the expiration date beyond 90 days. However, in no case shall the expiration date be extended beyond one year from the original date when the conditional approval was granted unless the Planning Board for good cause agrees to extend the conditional approval for an additional period of time beyond that one year period.

  1. Disapproval. The Board shall disapprove an application when it fails to comply with the design standards or procedures of this chapter, for failure to meet reasonable deadlines established by the Board, or for failure to pay fees. If the Board includes the phrase "without prejudice" in the motion to disapprove, it signifies that the application was denied for procedural reasons rather than design reasons, and that it may be re-submitted without design changes as a new application to the Board at a later date.

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