For projects connected to public water and sewer, or eligible to be connected to public water and sewer, demonstrated through written confirmation from each respective service provider the following density bonuses are provided:

For properties not connected to either public water or sewer, or both, but which provide competent evidence as to the availability of water to service the development and/or a permit for on-site wastewater treatment system to service the dwelling units from the applicable state agency the following density bonuses are provided:

In advance of the pre-application conference, the applicant shall submit a short written description of the project including the number of units, type of housing, density analysis, preliminary list of adjustments requested, a location map, and a conceptual site plan.

Upon request of the applicant for a pre-application conference, such conference will be scheduled and held within 30 days of the request, unless a different time frame is agreed to by the applicant, in writing.

If 30 days has elapsed from the filing of the pre-application submission, and no pre-application submission has taken place, nothing shall be deemed to preclude the applicant from thereafter filing and proceeding with an application for preliminary plan review.

Submission requirements. Applications for preliminary plan under this section shall include:

Certification of completeness. The preliminary plan must be certified complete or incomplete by the Administrative Officer; provided, however, that the certificate shall be granted within 25 days of submission of an application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the Administrative Officer and will recommence upon the resubmission of a correct application by the applicant. However, in no event will the Administrative Officer be required to certify a corrected submission as complete or incomplete, less than 10 days after its resubmission. If the Administrative Officer certifies the application as incomplete, the Administrative Officer shall set forth in writing with specificity the missing or incomplete items.

Public hearing. A public hearing shall be noticed and held as soon as practicable after the issuance of a certificate of completeness.

Notice. Public notice for the public hearing will be the same notice required under the Land Development and Subdivision Regulations, § 200-1 et seq., for a public hearing for a preliminary plan. The cost of notice shall be paid by the applicant.

Time frame for review. The Planning Board shall render a decision on the preliminary plan application within 90 days of the date the application is certified complete, or within a further amount of time that may be consented to by the applicant through the submission of written consent.

Majority vote required. The Planning Board's decision on the preliminary plan application shall be by a majority vote of the members present at the proceeding.

Powers and conditions of approval. The Planning Board has the same power to issue permits or approvals that any local board or official who would otherwise act with respect to the application, including, but not limited to, the power to attach to the permit or approval, conditions, and requirements with respect to height, site plan, size or shape, or building materials, as are consistent with terms of this section. Infeasibility of conditions of approval. The burden is on the applicant to show, by competent evidence before the Planning Board, that proposed conditions of approval are infeasible, as defined in § 185-5.2. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.

Failure to act. Failure of the Planning Board to act within the prescribed period constitutes approval of the preliminary plan and a certificate of the Administrative Officer as to the failure of the Planning Board to act within the required time and the resulting approval shall be issued on request of the applicant. Further, if the public hearing is not convened or a decision is not rendered within the time allowed, the application is deemed to have allowed and the preliminary plan approval shall be issued immediately.

Vesting. The approved preliminary plan is vested for a period of two years with the right to extend for two, one-year extension upon written request by the applicant, who must appear before the Planning Board for each annual review and provide proof of valid state or federal permits as applicable. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing, by the applicant, and approved by the Planning Board. The vesting for the preliminary plan approval includes all ordinances and provisions and regulations at the time of the approval, general and specific conditions shown on the approved preliminary plan drawings and support material.

Recording of written decisions. The written decision of preliminary plan application shall be recorded in the land evidence records within 20 days after the Planning Board's vote. A copy of the recorded decisions shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the Administrative Officer.

The following items shall be submitted as part of the final plan submission:

Certificate of completeness. The final plan application must be certified complete or incomplete by the Administrative Officer according to the provisions of § 45-23-36; provided, however, that, the certificate shall be granted within 25 days of submission of the application. The running of the time period set forth herein will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the Administrative Officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the Administrative Officer be required to certify a corrected submission as complete or incomplete less than 10 days after its resubmission. If the Administrative Officer certifies the application as incomplete, the Administrative Officer shall set forth, in writing, with specificity the missing or incomplete items.

The Administrative Officer may refer a final plan application to the Planning Board if the Administrative Officer finds and notifies the applicant within 14 days that the final plan application contains major changes from the plans approved on the preliminary plan application.

Time frame for review. The permitting authority shall render a decision on the final plan application within 45 days of the date the application is certified complete.

Decision on final plan. An application filed in accordance with this article shall be approved by the Administrative Officer unless such application does not satisfy conditions set forth in the preliminary plan approval decision or such application does not have the requisite state and/or federal approval or other required submissions, does not post the required improvement bonds, or such application is a major modification (i.e., change) of the plans approved at preliminary plan.

Majority vote required. Any Planning Board decision on the final plan application shall be by a majority vote of the members present at the proceeding.

Powers and conditions of approval. The permitting authority has the same power to issue permits or approvals that any local board or official who would otherwise act with respect to the application, including, but not limited to, the power to attach to the permit or approval, conditions, and requirements with respect to height, site plan, size or shape, or building materials, as are consistent with terms of this section. The burden is on the applicant to show, by competent evidence before the permitting authority, that proposed conditions of approval are infeasible, as defined in § 185-5.2. Upon request, the applicant shall be provided a reasonable opportunity to respond to such proposed conditions prior to a final vote on the application.

Failure to act. Failure of the permitting authority to act within the prescribed period constitutes approval of the final plan and a certificate of the Administrative Officer as to the failure to act within the required time and the resulting approval shall be issued on request of the applicant.

Vesting. The approved final plan is vested for a period of two years with the right to extend for one one-year extension upon written request by the applicant, who must appear before the Planning Board for the extension request. Thereafter, vesting may be extended for a longer period, for good cause shown, if requested, in writing, by the applicant, and approved by the Planning Board.

Recording of written decisions. The written decision of the preliminary plan application shall be recorded in the land evidence records within 20 days after the Planning Board's vote. A copy of the recorded decisions shall be mailed within one business day of recording, by any method that provides confirmation of receipt, to the applicant and to any objector who has filed a written request for notice with the Administrative Officer.

The proposed development is consistent with local needs as identified in the comprehensive plan with particular emphasis on the affordable housing plan and/or has satisfactorily addressed the issues where there may be inconsistencies.

The proposed development is in compliance with the standards and provisions of the zoning ordinance and subdivision regulations, and/or where adjustments are requested by the applicant, that local concerns that have been affected by the relief granted do not outweigh the state and local need for low- and moderate-income housing.

All low- and moderate-income housing units proposed are integrated throughout the development; are compatible in scale and architectural style to the market rate units within the project; and will be built and occupied prior to, or simultaneous with the construction and occupancy of any market rate units.

There will be no significant negative impacts on the health and safety of current or future residents of the community, in areas including, but not limited to, safe circulation of pedestrian and vehicular traffic, provision of emergency services, sewerage disposal, availability of potable water, adequate surface water runoff, and the preservation of natural, historical, or cultural features that contribute to the attractiveness of the community.

All proposed land development and all subdivision lots will have adequate and permanent physical access to a public street in accordance with the requirements of state law.

The proposed development will not result in the creation of individual lots with any physical constraints to development that building on those lots according to pertinent regulations and building standards would be impracticable, unless created only as permanent open space or permanently reserved for a public purpose on the approved, recorded plans.

The Town has an approved affordable housing plan and is meeting local housing needs, and the proposal is inconsistent with the affordable housing plan; provided that, the Planning Board also finds that the municipality has made significant progress in implementing the housing plan;

The proposal is not consistent with local needs, including, but not limited to, the needs identified in an approved comprehensive plan, and/or local zoning ordinance and procedures promulgated in conformance with the comprehensive plan;

The proposal is not in conformance with the comprehensive plan;

The community has met or has plans to meet the goal of 10% of the year-round units being low- and moderate-income housing provided that, the Planning Board also finds that the community has achieved or has made significant progress towards meeting the goals of the affordable housing plan; or

Concerns for the environment and the health and safety of current residents have not been adequately addressed.