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Thread: Site plan expirations

  1. #1
    Cyburbian ThePinkPlanner's avatar
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    Jul 2009
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    South of Canada
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    Site plan expirations

    Do your bylaws contain language about subdivision or site plan expiration? State law prohibits the expiration of subdivisions, but leaves site plans to the municipalities. Currently, site plan approval requires you to record the plat and obtain a building permit in 6 months. You are able to request a continuance for one year after that from the review Board. After that or if you don't request a timely continuance, your plans are null and void. This has always felt short to me. I understand the idea of expiration dates, in order to allow for changes in a community and regulations. Six months seems so short. Anybody else? Do you have expiration dates? If so, how long are they?

    I thought about adding in a poll, but I wasn't sure of what options to include.
    Thanks.

  2. #2
    Cyburbian UrbaneSprawler's avatar
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    Nov 2009
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    Colorado
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    We've got 3 years to record the plat from site plan approval with provisions for extensions. Then there's vesting by getting infrastructure in place 3 years from recordation of the plat. So, a vested property right can take up to 6 years from plat recordation. These days it doesn't seem like enough.

  3. #3
    Cyburbian ursus's avatar
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    Dec 2008
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    Northern Utah
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    My ordinance currently allows a year for most entitlements, with extensions possible if applied for. That's almost always enough time to get things going.
    "...I would never try to tick Hink off. He kinda intimidates me. He's quite butch, you know." - Maister

  4. #4
    Forums Administrator & Gallery Moderator NHPlanner's avatar
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    Apr 1996
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    New Hampshire
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    For subdivisions: 2 years for conditional approval. 1 year from date of final approval to commence construction.

    For Site Plans: 120 days (with the option to extend to 6 months if outside permits are needed) for conditional approval. 1 year from final approval to commence construction.

    Reg language:

    Sub Regs -

    Time Limits for Fulfilling Conditions: Conditional approval shall be null and void unless all conditions necessary for release and recording of the plan are fulfilled within twenty-four (24) months of conditional approval. The Board may grant an extension, upon written request filed with the Board at least fourteen (14) days prior to expiration of conditional approval, stating the extenuating circumstances justifying an extension.

    ....

    Approved subdivisions shall be protected from future changes in regulations and ordinances in accordance with NH RSA 674:39 as summarized by the following:

    1. Every subdivision approved by the planning board shall be exempt from all subsequent changes in subdivision regulations and zoning ordinances adopted by the Town of Londonderry, except those regulations and ordinances which expressly protect public health standards, such as water quality and sewage treatment requirements, for a period of 4 years after the date of certification of the subdivision by the Planning Board; provided, however, that once substantial completion of the improvements as shown on the plans have occurred in compliance with the approved plans, or the terms of said approval or unless otherwise stipulated by the planning board, the rights of the owner or the owner's successor in interest shall vest and no subsequent changes in site plan regulations or zoning ordinances shall operate to affect such improvements; and further provided that:
    i. Active and substantial development or building has begun on the site by the owner or the owner's successor in interest in accordance with the approved plans within 12 months after the date of approval (certification by the Planning Board), or in accordance with the terms of the approval, and, if a bond or other security to cover the costs of roads, drains, or sewers is required in connection with such approval, such bond or other security is posted with the Town, at the time of commencement of such development;
    ii. The development remains in full compliance with the public health regulations and ordinances of the Town of Londonderry; and
    iii. At the time of approval (certification of the plans by the Planning Board), the subdivision conforms to the subdivision regulations, and zoning ordinances then in effect at the site of such plan.


    Site Plan Regs -

    ACTION of the BOARD:

    a. Within the appropriate time frames as established by NH RSA 676:4, the Board shall approve, conditionally approve, or disapprove the application. The reasons for disapproval of a plan shall be stated in the record of the Board. Approval of a plan shall be endorsed on the plan by the chairman and the secretary of the Board. The time to act may be extended in accordance with NH RSA 676:4f

    b. All conditional approvals are valid for a period of not more than 120 days, unless the Planning Board, at their discretion, chooses to extend the number of days required to meet precedent conditions. All precedent conditions of approval must be met within this 120-day period (or time period established by the Planning Board at time of conditional approval) or the approval shall be considered null and void. In cases where extenuating circumstances prevent the meeting of precedent conditions within 120 days, the applicant may request an extension, to be filed (in writing and with justification) with the Board no later than 14 days prior to the expiration date of the conditions. The Planning Board shall then vote on whether or not to grant such extensions.

    c. All certified (signed by the Planning Board chair and secretary) site plans must obtain a building permit within 1 year from the date the plan was signed. Failure to obtain a building permit within 1 year will render the approval null and void. In cases where extenuating circumstances prevent the receipt of a building permit within 1 year, the applicant may request an extension of not more than 1 additional year. Such request must be filed (in writing and with justification) with the Board no later than 14 days prior to expiration. The Planning Board shall then vote on whether or not to grant such extensions.
    "Growth is inevitable and desirable, but destruction of community character is not. The question is not whether your part of the world is going to change. The question is how." -- Edward T. McMahon, The Conservation Fund

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