ࡱ> H3- $%&'()*+,-./0123456789:;<=>?@  !"#$%&'()*+,-./012456789:;<=>?@ABCDEFGHIJKLMNOPQRSTUVWXYZ[\]^_`abcdefghijklmnopqrstuvwxz{|}~Root EntryITEM000 F`~ rData a1Tabley` |bjbjss CKLLLLfxfxfx8xx4~yy4.z.zDzM{M{M{UWWWWWW$`h.{R+{+{"RR{LL.zDzRL.zL8.zURUL.zy IfxڷA1$0UF(8M{vÐTD [ M{M{M{{{M{M{M{RRRR~~~D/L+~~~LdrLLLLLL SECTION I. AUTHORITY Pursuant to the authority vested in the Laconia Planning Board by the Laconia City Council on December 29, 1975, in accordance with Chapter 674:43 and Chapter 674:44 of the New Hampshire Revised Statutes, as amended (RSA), the City of Laconia Planning Board hereby adopts the following regulations which shall be entitled and may be cited as the "Site Plan Review Regulations of the City of Laconia." SECTION II. PURPOSE AND INTENT The broad public purposes served through the adoption of these regulations are to provide: 1. Due process, i.e. a clear set of public objectives, prompt processing and response to applications, and adequate notice and opportunity for all affected parties to be heard; 2. High quality of development, i.e. the regulatory action of the City should attract and result in enterprises and activities which contribute to the City's orderly and healthy economic, social and physical growth, and should discourage/guide those which do not. 3. Refined and streamlined review, i.e. review should occur at the appropriate level, be it administratively or policy level, and should be structured to be thorough yet economical in manpower, time and cost. 4. Protection of Public Health, Safety and Prosperity: 5. In accordance with RSA 674:44, the site plan review regulations shall provide for the safe and attractive development or change or expansion of use of the site and guard against such conditions as would involve danger or injury to health, safety, or prosperity in the following ways: Provide for the safe and attractive development or change or expansion of use of the site and guard against such conditions as would involve danger or injury to health, safety, or prosperity by reason of: Inadequate drainage or conditions conducive to flooding of the property or that of another; Inadequate protection for the quality of groundwater; Undesirable and preventable elements of pollution such as noise, smoke, soot, particulates, or any other discharge into the environment which might prove harmful to persons, structures, or adjacent properties; and Inadequate provision for fire safety, prevention, and control. a. Provide for the harmonious and aesthetically pleasing development of the municipality and its environs. b. Provide for open spaces and green spaces of adequate proportions. Require the proper arrangement and coordination of streets within the site in relation to other existing or planned streets or with features of the official map of the municipality; Require suitably located streets of sufficient width to accommodate existing and prospective traffic and to afford adequate light, air, and access for firefighting apparatus and equipment to buildings, and be coordinated so as to compose a convenient system; Require, in proper cases, that plats showing new streets or narrowing or widening of such streets be submitted to the planning board for approval; Require that the land indicated on plats submitted to the planning board shall be of such character that it can be used for building purposes without danger to health; and Include such provisions as will tend to create conditions favorable for health, safety, convenience, and prosperity. These regulations recognize that certain developments and uses of land, even though generally suitable for location in a particular zoning district, are, because of their nature, size, complexity or other indices of probable impact, likely to adversely affect the public health, safety, and welfare unless careful consideration has been given to certain critical design elements. It is the intent of these regulations to provide a vehicle for the review of an applicant's attention to such critical design elements within developments that are subject to review, and to allow the City Planning Board to approve, to approve with conditions, or to disapprove applications pursuant to these regulations. SECTION III. JURISDICTION All development or change or expansion of use of land for non-residential uses and multiple dwelling units (structures containing more than two dwellings) shall be subject to these regulations whether or not such development includes a subdivision or re-subdivision of the site. These Site Plan Review Regulations are intended to compliment, and do not replace compliance with the Zoning Ordinance, Subdivision Regulations or any other ordinances which pertain to the proposed development. No construction or site development including excavation, foundation or building construction, or stripping of soil or vegetation, shall be permitted except in conformance with a Site Plan approved by the Planning Board or Technical Review Committee, or by operation of a duly authorized permit or permits in the case of a single or two family dwelling. Agricultural and silvicultural activities, duly operated and recognized under current use assessment, shall be exempt from these regulations. 1. Driveway Permitting (amended 11-06-00) - A driveway permit must be obtained from the Department of Public Works for the following projects of minimal impact and be reviewed by the Planning Department for zoning and site review compliance: a. Paving of previously approved graveled areas of under 1,500 square feet. b. A one time per property allowance to pave not more than 1,500 square feet of green space. c. Resurfacing an existing paved driveway or access. d. Relocation or resizing of curb cuts so long as the result is the cut(s) is brought in conformance or becomes more conforming with the Zoning Ordinance. 2. Minor Site Plans (amended 11-6-00) - Minor site applications are defined as any project that proposes: a. Paving of a previously approved graveled area between 1,500 and 15,000 square feet. b. New paving or graveling of existing green space of up to 5,000 square feet. c. Additions to existing buildings or new buildings of up to 2,500 square feet of gross floor area. d. Changes of use, as defined in these regulations, of up to 10,000 gross square feet of floor area. Applications for minor site plan projects are reviewed by the Technical Review Committee, as outlined in RSA 674:43 and the Planning Board Rules of Procedures. 3. Major Site Plans (amended 11-6-00) - The Planning Board shall review all other applications, including the following: a. Projects requiring a Conditional Use Permit; b. Projects converting the use of a building to multifamily; c. Any project requiring a lot line adjustment, lot merger, boundary line agreement, or other subdivision. 4. Site Review Exemptions (amended 11-6-00) - The following projects are exempted from site review under these regulations, however they must be approved in writing by the Director of Planning and Community Development or their designee. The Director of Planning and Community Development or their designee may apply any and all requirements of these regulations and utilize the Plan Review Committee process: a. Interior changes of use under 5,000 square feet of gross floor area If determined that the proposed use is more intensive and results in the need for additional infrastructure than the previous use, the change of use must be reviewed by the TRC or Planning Board as applicable. If the change of use is determined to be less intensive, the change of use will be exempted from these regulations. (amended 3-23-98) b. Accessory structures, stationary equipment, and buildings provided that the total gross square footage of the footprint addition does not exceed five hundred (500) square feet. c. Clearing and stumping, regrading and/or alteration of natural or man-made drainage, total area of alteration up to 10,000 square feet. Public Works review is required. SECTION IV. DEFINITIONS 1. For the purpose of this ordinance, certain terms or words herein shall be interpreted or defined as follows: A. General Use Words used in the present tense include the future tense. The singular includes the plural, and the masculine shall include the feminine and the neuter. The word "person" includes a corporation, partnership, firm as well as an individual. The word "lot" includes the word "plot" or "parcel". The word "building" includes the word "structure"; and a "building" or "structure" includes any part thereof. The term "shall" is mandatory; "may" is conditional. The word "used" or "occupied" as applied to any land or building shall be construed to include the words "intended, arranged or designed to be used or occupied". 2. For the definition of other terms or words refer to the City of Laconia Zoning Ordinance. 3. Specific Terms A. Abutter - any person whose property is located in New Hampshire and adjoins or is directly across the street or stream from the land under consideration by the Planning Board. For purposes of receiving testimony only, and not for purposes of notification, the term abutter shall include any person who is able to demonstrate that his land will be directly affected by the proposal under consideration. B. Applicant - The owner or designated agent of the owner of land proposed to be developed who seeks Planning Board approval as specified in these regulations. C. Approval - the recognition by the Planning Board, certified by written endorsement on the plan, that the final plan submission meets the requirements of these regulations, granted at a duly called meeting of the Planning Board. D. Architect - An architect properly licensed and registered in the State of New Hampshire. E. Board - the Planning Board of the City of Laconia, NH. F. Certificate of Occupancy - A statement permitting occupancy of a building, signed by the Building Inspector, setting forth that a building or structure complies with these regulations of the City and with the applicant's approved plan. (amended 3-23-98) G. Conditional Use A sue permitted in a particular zoning district upon a finding by the Planning Board that such a use in a specified location will comply with all the conditions and standards for the location and operation of the use as specified by the Zoning Ordinance. H. Conditional Use Permit A permit issued by the Planning Board for a conditional use. (amended 3-23-98) G. Development- Any man-made change to improved or unimproved real estate, including, but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations. (amended 3-23-98) H. Easement - Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property. I. Engineer - a duly registered professional civil engineer, as required by the NH licensing laws. J. Floodplain - The land adjacent to a body of water which has been or may hereafter be covered by flood water, as delineated on the official zoning map of the City of Laconia. K. Floor Area, Gross - The total horizontal area of all floors of a building included between the surrounding walls. L. Land Surveyor A land surveyor properly licensed in the State of NH. M. Master Plan - The Master Plan prepared by the City of Laconia Planning Board, pursuant to NH RSAs the Laconia City Code as amended. N. Multi-Family Dwelling - means a residential building designed for or occupied by three or more families. O. Non-Residential Development - all development of buildings, structures or land except one-family, two family or multi-family dwellings. P. Off-Site - Any premises not located within the area of the property to be developed, whether or not in the same ownership of the applicant for development approval. Q. Re-subdivision - shall mean a change in a plan of an approved or recorded subdivision or re-subdivision of such change includes, but is not limited to the following: (1) Changing any street layout shown on such plan. (2) Affecting any area hereon reserved for public use. (3) Diminishing the size of any lot shown thereon, if any of the lots have been conveyed after the approval of such map. R. Right-of-Way - a strip of land used for, or intended to be used for a street, road, crosswalk, water main, sanitary or storm sewer main, or for other special use including public use. The usage of the term "right-of-way" for site plan purposes in these Regulations shall mean every right-of-way hereafter established and shown on a site plan, is to be separate and distinct from the lots and distinct from the lots and parcels adjoining such right-of-way and not to be included within the dimensions or areas of such other lots or parcels. S. Site Improvement Security - cash, a suitable surety bond, an escrow deposit or a lien on the property as approved by the Planning Board and the City Attorney to secure improvements required as a condition of approval. T. Street - relates to and includes street, avenue, boulevard, road, alley, highway or other way, including all the land between the sidelines of the layout or conveyance or dedication thereof, but shall not include driveways serving not more than two adjacent lots or Class VI and discontinued highways. (1) Major streets are those which connect centers of population and traffic generators within the City. (2) Collector streets are those which carry traffic from minor or residential streets to the major system of arterial streets and highways, including the principal streets of a residential development. (3) Minor streets are those which are used primarily for access to the abutting residential properties. (4) Marginal access streets are minor streets which are parallel and adjacent to arterial streets and highway; and which provide access to abutting properties and protection from through traffic. SECTION V APPLICATION AND REVIEW PROCESS A. Pre-application Review - Prior to the submission of a full application for Site Plan Review and Approval, the applicant may seek non-binding conceptual and design review consultation with the Planning Department and Planning Board, per the provisions of RSA 676:4 II. Applicants interested in either form of pre-application review, outlined below, shall contact the Planning Department to schedule a meeting with staff to review the nature of the discussion and content of the materials to be reviewed. Staff will advise the applicant as to the appropriate application type, below. 1. Conceptual (Preliminary) Review - shall be limited to discussion of existing features, existing conditions and concerns, and uses, and forms of development allowed by the Land Use Ordinances and regulations as to their potential appropriations for the site, along with consistency with expressed Master Plan objectives. Conceptual plans will require only filing of an application and letter or narrative requesting consultation and explaining the nature of the proposal. 2. Design Review - shall consist of discussions, beyond the conceptual (use) level, based on sketch or plan views of the site showing approximate location of proposed structures and preservation areas on the ground. Sketches or plans may vary in accuracy, based upon information available at this preliminary stage, bearing in mind that the Board and Staff response to information presented is limited to the level of accuracy presented, and is therefore non-binding. The purpose of this stage of review is to identify key features of the site and proposal, such as areas deserving preservation, access points, interconnections with surrounding land and ways; and general organization of uses and structures on the property. Applicants for Design Review shall file an application, sketches or plans, an abutters list, and nominal fees to cover notification of abutters. B. Application Submittal Requirements - An owner of his designated agent shall file an application with the Board according to the annual meeting schedule adopted by the Planning Board. The Board shall only consider a completed application which consists of the following: 1. An application, properly executed. 2. An application fee which is due upon submission. One original, signed, complete application, appropriate fees, one complete set of folded plans and one copy of any reports, cost estimates, studies, or other documents required for review, envelopes to abutters with adequate postage affixed. The envelopes shall be business style (4" x 9 1/2") and include completed certified mail receipts. The return address shall be left blank. One duplicate copy of the application and one copy of the full set of plans, cost estimate, drainage and watershed analysis shall be submitted to Paul Moynihan, Assistant Director of Public Works at Bisson Ave One duplicate copy of the application and one full, folded set of architectural plans shall be submitted to Charles Roffo, Fire Prevention Specialist at Central Street Station. One duplicate copy of the application and a complete plan set shall be submitted to the following city Departments at the following locations: Bob Camp, Assessing Department 1st Floor, City Hall Roger Matthewman, Water Works Superintendent, 988 Union Ave Carroll Seigars Code Enforcement Director, 2nd Floor, City Hall Seth Creighton, Conservation Technician, Planning Office, 2nd Floor, City Hall 7. All legal instruments, deeds, easements or other offers to secure approval. 5.3 Notification and Public Hearing Procedure The Board before considering or taking formal action upon a site plan shall hold a public hearing as required by the provisions of RSA 676:4 to provide an opportunity for public testimony. It shall be the responsibility of the applicant when the application has ten (10) or more abutters to address all envelopes to abutters with adequate postage affixed. The envelopes shall be business style (4" x 9 1/2") and include completed certified mail receipts. The return address shall be City of Laconia Planning , 45 Beacon Street E, Laconia NH 03246. 5.4 Board Action on Completed Application The Board shall consider a completed application within thirty (30) days of its submission and acceptance, and shall act to approve, modify and approve or disapprove the application in accordance with RSA 676:4, as amended. Additionally, the applicant may request a waiver of this requirement and consent to a mutually agreeable extension of the period for action. 5.5 Certificate of Approval Approval of the final site plan shall be certified by written endorsement on the plan and signed by an officer of the Board. In case of disapproval of any part of the application, the grounds for such disapproval shall be stated in the records of the Board and notice given to the applicant. If the Board grants approval subject to modifications being made to the plan, the applicant shall submit a revised plan showing all modifications. The revised plan shall become the final plan for filing with the Planning Department. No building permits shall be issued on any plan acted upon by the Planning Board until such time as the Code Enforcement Officer or his authorized agent has received the certificate of approval. The Planning Board shall have the power to modify or amend its approval of a site plan on application of the owner, lessee, or mortgagee of the premises, or upon its own motion is such power is reserved by the Board in its original approval. All of the provisions of these regulations applicable to the approval shall be applicable to such modification or amendment. 5.6 Site Improvement Security The Planning Board may require the applicant to submit site improvement security in an amount approved by the Board to guarantee conformity with the elements such as street, sewer, water, landscaping, site restoration, or drainage improvements of the site plan. Where an applicant is required to submit surety, it shall be submitted prior to the start of any construction, improvement or issuance of a building permit. 5.7 Statute of Limitations Planning Board approval of a site plan shall be valid for one year from the date of approval. If a building permit has not been issued or if a building permit has been issued but not substantially acted upon within a one-year period, the approval shall automatically become null and void. SECTION VI. APPLICATION CONTENTS REQUIRED FOR SITE PLAN SUBMISSION A complete application shall include all items as listed on the attached checklist. 6.1 Scope - An application for major site plan approval shall be accompanied by the following documents: 1. A proposed site plan 2. An existing conditions plan. 3. A proposed utilities and drainage improvements plan. 4. An architectural plan. 5. A property survey plan. 6. A landscape plan. The Board may, upon request by the applicant, waive the requirement for one or more of the foregoing plans. Such a waiver will be determined on the basis of the development and the level of detail required. 6.2 General The applicant shall submit eight (8) prints of each plan. The title block on each plan shall include the following: (a) Title of plan; (b) Owner's name and address, deed reference; (c) The date the plan was prepared and the date of subsequent revisions; (d) The scale of the plan; (e) A north arrow; and (f) The name, address, and seal of the preparer of the plan. 6.3 Proposed Site Plan The proposed site plan shall be prepared by a registered land surveyor or engineer who shall sign the plan and place their seal upon it and shall be at an appropriate scale. The plan shall include the following information: (a) Property lines of the parcel to be developed; (b) Names and locations of existing adjacent city streets including the nearest intersection of said streets; (c) Names and locations of existing adjacent watercourses and waterbodies; (d) Nearby community facilities such as schools, churches, or parks; (e) City of Laconia Assessor's lot numbers for the parcel to be developed and for parcels of abutters; and (f) Zoning district designations and boundaries. 6.4 Existing Conditions The following existing conditions shall be shown on the proposed site plan. If necessary for clarity, existing conditions shall be shown on a separate plan. (a) The property lines and the area in square feet of the parcel to be developed. (b) The full names and addresses of all abutters as indicated in the records of the City Assessor not more than five (5) days before the filing of the application; (c) The location, layout and use of existing buildings and structures on the site and on abutting properties; (d) The location and layout of existing driveways, curb cuts, parking lot and loading areas, including the total number of parking spaces; (e) The location, traveled way width, and right-of-way of all existing adjacent City streets; (f) The location, width, and purpose of any easements or rights-of-way; (g) The presence of municipal and non-municipal utilities which ,currently serve the site, and the location of wells and subsurface waste disposal systems if not served by municipal water and sanitary sewer systems; (h) The boundaries and locations of all Zoning Districts, and the location of the boundary lines of the districts if such lines pass through the property; (i) The location and size of existing signs; (j) The yard setbacks as required in the Zoning Ordinance. (k) Topographic lines, at a minimum of two (2) foot contour intervals; (l) Wetlands located in accordance with the delineation requirements cited in the Zoning Ordinance. (m) Existing natural features including vegetation, rock outcrops, and surface waterbodies and courses; (n) Existing adjacent public building, parks or open space, or any historic structures or features; (o) The type and location of existing outdoor lighting; (p) The location, size and invert elevations of existing sanitary and storm sewers including all manholes, catch basins and culverts; and (r) The location and type of existing property line monuments. 6.5 Proposed Improvements The following proposed improvements shall be shown on the proposed site plan. If necessary for clarity, the proposed improvements shall be shown on a separate plan. (a) The location, dimensions, layout and use of all proposed new buildings or structures, or additions or alterations to existing buildings or structures; (b) The location, layout and dimensions of proposed driveways, curb cuts, parking lots and loading areas, including the number of parking spaces and spaces reserved for the handicapped; (c) Plans, profiles and cross-sections of proposed public streets and those existing adjacent public streets that are required to be improved pursuant to Section 5 of these regulations; (d) The location of all proposed connections to municipal and non-municipal utilities, and the location of proposed wells and subsurface waste disposal systems if the site is not served by municipal water and sanitary sewer systems; (e) The layout of all proposed storm drainage facilities, including detention and retention ponds and swales; (f) The location, width and purpose of any proposed easements or rights-of-way; (g) The location, size colors and text of proposed ground signs. (h) The proposed contours at a minimum of two (2) foot intervals and finished grade elevations; (i) The proposed finished first floor elevations of all proposed buildings or building additions; (j) Project phasing lines if applicable. (k) The type and location of proposed outdoor lighting; (l) Proposed landscaping, which may be shown on a separate copy of the proposed site plan, and which shall include: (1) The location, size and type, including common and botanical names of all new plant materials to be installed; (2) The location, size and common name of all existing plant materials to be retained or relocated on the site; (3) The location, width and material of all walkways and pathways; and (4) The location, type, materials and dimensions of all fences, walls and outdoor recreation facilities. (m) Fire lanes and other access easements for fire apparatus; and approval shall be obtained from the Fire Chief regarding any required fire detection/suppression plans. (n) Additional utility information, which may be shown on a separate copy of the proposed site plan, and which shall include: (1) Profiles of all proposed extensions of municipal utilities both on and adjacent to the site; (2) The location, size and invert elevations of proposed sanitary and storm sewers including all manholes, catch basins and culverts; (3) The location and size of all proposed water mains including hydrants, gates, valves and blowoffs; (4) The location of any pump stations, lift stations, and other apparent facilities or structures; (5) Profiles of all municipal utilities; (6) The location and size of all non-municipal utilities including but not limited to gas lines, electric transmission lines, telephone lines, cable television, stream mains, and fire and police alarm lines. The location of all manholes, transformers, poles and other apparent facilities shall be shown; and (7) In the absence of municipal sanitary sewers, the soil data and test results as submitted to the State of NH Water Supply and Pollution Control Commission for approval of a subsurface waste disposal system. (o) Proposed permanent monuments for all property corners. 6.6 Architectural Plan An architectural plan showing elevations of all sides of all new buildings and of those sides of existing buildings which are proposed to be altered in any way shall be prepared by a registered engineer or architect who shall sign the plan and place his seal upon it. The Planning Board in reviewing the proposed architectural plans shall insure compatibility of design, materials and colors with adjacent buildings. The plan shall be prepared at an appropriate scale and show the following: (a) Exterior materials and colors; (b) Type and pitch of roofs; (c) Size and spacing of windows, doors and other openings; (d) Size, location, colors and copy of signs to be affixed to, or hanging from, the building; (e) Size, type and location of towers, chimneys, roof structures, flagpoles, antennas and other similar structures; and (f) The relationship in bulk and height to other existing structures in the vicinity. 6.7 Documentation Applications for site plan approval shall include the following documentation: (a) A statement describing the development, including the use or uses to be conducted on the lot, any change of an existing use, or augmentation of an existing use; (b) Information sufficient to determine whether the development complies with the Zoning Ordinance; (c) If the development is to be staged or phased, a description of the project in terms of such stages; (d) The names and addresses of all registered professionals who participated in the preparation of any aspect of the application materials. (e) Drafts of deeds, easements, agreements and other legal documents, including the following, where applicable: (1) Deeds of land to be conveyed to the City for streets or other public purposes; (2) Deeds of easements and rights-of-way; (3) Covenants or restrictions that are intended to cover all or part of the land area to be developed; (4) Articles of incorporation of a landowner's association and the by-laws of the association; (5) The condominium declaration, as it has been prepared for submittal to the State of New Hampshire Attorney General's office; and (6) Agreements between the applicant and the City regarding public improvements or other matters. 6.8 Inspections and As-Built Plans (a) All site plans filed under these regulations shall be inspected and approved by the appropriate City department and other such federal, state of local officials, as may have jurisdiction. All items shown on the proposed plan shall be completed as per the approved plan prior to submission of "as-built" plans. In cases acceptable to the reviewing board, committee, or department heads, minor improvements which are incomplete may be secured instead by a letter of credit or cash deposit in a City escrow account established for the purpose of ensuring completion of the work within a reasonable time. The form of letters of credit, and schedule of completion shall be approved by the Planning Director, in consultation with the relevant city officials. The adequacy of the estimate of completion cost shall be reviewed by the Director of Public Works. (b) At the completion of construction, and prior to issuance of any occupancy permit, the project applicant shall have prepared at his expense, a set of as-built plans showing: (1) The actual location and details of all improvements and changes to previously existing conditions; (2) Be produced at the same scale as the approved drawing; (3) Denote the units, within the plan, which are shown as-built. Provide an easily discernible legend indicating the as-built units; (4) Indicate distances between units and property lines (5) Provide complete and accurate lot coverage calculations for all as-built construction, per the attached table (appendix); (6) Sewer, water, storm water drainage system as-builts should be included on one drawing; however, if this compromises the drawings clarity, sewer, water and storm water drainage as-builts can be produced as an overlay. As-built requirements for utilities include utility profiles; (7) Each as-built drawing must be stamped and signed by a professional surveyor. The applicant shall submit six black or blue-line prints of the plans to the Planning Department for review. The as-built plans shall clearly show any deviation from the approved site plan through bold face lines, type, or stippling. (c) The Planning Department shall distribute the plans and application, and supporting documentation to the appropriate departments, including Departments of Public Works, Assessing, Conservation Commission, Water, Fire, Code Enforcement, and Zoning/Planning for review and comment. An affirmative response and signature of the reviewing official is required, which shall serve as acknowledgement of receipt, review, and approval, with any recommended conditions, of the proposed plan. No permit or recording of the plan shall be given or made in the absence of such affirmative acknowledgement of the departments. In the event that a department fails to report or acknowledge review and approval of the plans within 30 days of distribution of the plans by the Planning Department, the applicant shall have the right to request that the matter be referred to the City Manager to ensure compliance with these provisions. The Code Enforcement Officer and Fire Prevention Officer shall not issue an Occupancy Permit or Assembly Permit until the Planning Director forwards to him a Certificate of Planning Department Approval, certifying substantial compliance with the approved site plan. (d) The Planning Director may, in the absence of objection from the reviewing departments, allow minor deviations from the approved site plan, provided that the Director finds that: (1) The changes are consistent with the intent of the Planning Board, as reflected in the minutes of the Board's meetings, findings and approval conditions; (2) The changes are consistent with the purposes or expressed intent of the Site Plan Regulations and Zoning Ordinance; (3) The deviations do not affect any dimensional requirement, for example, lot coverage; cause reconfiguration of curb cuts, streets, buffer areas or the relationship of dwellings or structures; (e) For the purposes of this section minor deviations from the approved plan shall be intended to include: (1) Lateral or horizontal shifts in building footprints, in the absence of conflict with the provisions of the Zoning Ordinance; (2) Substitutions of equal or superior materials, plantings, or equipment, subject to approval of the relevant department(s); (3) Changes in utility locations as may be required by field conditions, subject to the written approval of the relevant department(s); (4) Changes of up to 5% in parking or floor areas, in the absence of conflict with the provisions of the Zoning Ordinance and subject to the approval of the Planning Director. (f) Following completion of the departmental reviews, the Planning Director shall forward a copy of the Certificate of Approval, or a summary of the certificates issued within the last calendar month, to the Planning Board and Conservation Commission to inform and provide notice to members of final action. (g) Projects which do not comply with the approved plan and do not qualify for administrative approval of minor deviations shall also be reported to the Planning Board with an appropriate compliance schedule. If, at the termination of the compliance term, the project owner has not brought the property into compliance nor filed application for Revised Site Plan Approval, the Planning Board shall review the matter, and direct appropriate recourse to correct the compliance problem. 6.9 Certificates of Occupancy Certificates of Occupancy shall be issued by the Code Enforcement Officer only upon the receipt of approval from the appropriate City department(s) as to the adequacy of all required improvements servicing the subject parcel. A Certificate of Occupancy shall not be issued or provided until all required roads, utilities, and improvements servicing the site have been constructed or installed in accordance with all the requirements of these regulations and the conditions of site plan approval specified by the Board.     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