How should the Planning Board handle an application which is incomplete?
The primary concern here should be the start of the 65-day “clock”. If information is lacking, a board should not vote to conditionally accept an application at this point as the “clock” will be running while items are still not available. It is best for the Board to vote to reject the application as incomplete. To take this discussion one step further, if the applicant takes exception to the board’s decision and does not agree to submit any additional information, the applicant can treat this Planning Board decision as a final disapproval under RSA 676:4,I(e)(2) and thus appeal the decision to Superior Court. You are strongly urged to review RSA 676:4 since it has been revised twice in 1997 and 1998 and plat acceptance procedures have changed.
