SECTION 5.00:  ADMINISTRATION

5.01        WAIVERS OR SUBSTITUTIONS.  The Board may waive any portion of this regulation in accordance with RSA 674:44 III (e).  However, due to the probable violation of the purpose and intent of this regulation it is unlikely that waivers for any portion of Sections 1.00, 2.00, 5.00, or 6.00 will be granted. (note: Amended 11/18/97)

(A)       Waivers.  The Board may grant a waiver of any section of this Regulation in accordance with the following (note: Amended 11/18/97):

(1)        The applicant shall provide a written request for each waiver.  The request shall specify the section to be waived, the extent of the waiver, and the justification.  Where multiple waivers are being requested, a separate request shall be provided for each.

(2)        In evaluating the request, the Board may grant the waiver if it finds that, in the opinion of the Board, granting of the waiver:

(a)        shall not be detrimental to the public health, safety or general welfare;

(b)        shall not be injurious to other parties; and

(c)        shall be consistent with the purpose and intent of this Regulation.

(3)        The Board may condition any waiver granted to secure the objectives of this Regulation.

(B)        Substitutions.  In the event that an alternative Design Standard (§3.00) is provided, the Board may permit substitution for the Town design standard.  Such substitution shall be permitted when, in the Board's opinion, the alternative standard is independently and scientifically derived, is generally accepted by the planning community, and would better accomplish the purpose and intent of this Regulation for this case.  The request for a substitution shall be made in writing, and a complete copy of the alternative design standard shall be provided to the Town for its records (i.e.:  provide applicable books, articles, etc).  Substitution shall require a formal motion of the Board, and the minutes of the meeting should indicate the Board's reasoning for future reference.  No waiver is required for design standard substitutions.

5.02        TECHNICAL ASSISTANCE.  In the event that the Board requires technical assistance and/or special studies to adequately and properly evaluate an application or perform subsequent inspections, it may secure such professional assistance.  This may include technical assistance, special studies, legal review of aspects of the application, which are unique or specific to this case (but excluding general legal advice), and other such assistance.  The applicant shall reimburse the Town for the cost of such assistance, but the individual or company engaged shall work for, and report directly to the Town.  Though not always the case, the standard practice for the Board at the time of writing is to have a hired planner, and a consulting professional engineer if needed, review all applications submitted.

5.03        RECORDING APPROVED PLANS.  Upon stamping and signing an approved final Major Review plan, the Town shall deliver the signed mylar copy to the Rockingham County Registry of Deeds to ensure that there is no tampering with the plans prior to recording, and to ensure that there is no delay in recording the plan such that the delay would extend the protection period under RSA 674:39.  A signed paper copy of Major Review plans, or a signed Minor Review site sketch, shall be retained in the Town files only.

5.04        FINANCIAL SECURITIES.  Financial securities may be required by the Planning Board where circumstances dictate, but in general are not required for Site Plan Review applications.  When required, the applicant shall be required to provide financial securities for site improvements in accordance with the following:

(A)       Use.  Suitable financial securities shall be provided to ensure that the applicant will complete all work, except street work and utility installation, in accordance with the plans.  In lieu of the completion of street work and utility installation, the planning board may require suitable financial security to ensure that the applicant will complete all street work and utility installations in accordance with the plans.  The securities, if called by the Town, may be used to stabilize the site, ensure site safety, minimize any adverse impacts on the neighborhood and Town, complete the work, and prepare the as-built plans.  In the event that the security is called by the Town, the Planning Board may schedule and hold a public hearing to consider revocation of the approval per the process of RSA 676:4-a.  The Board may request suspension of any building permit, withholding or revocation of the Certificate of Occupancy, and/or other appropriate actions until the matter is resolved. (note: Amended 11/18/97)

(B)        Amount.  The amount shall not exceed the sum of:  50% of the cost of all site work, excluding the building and site work covered by other financial securities held by other governmental entities (such as for State driveway permits); plus 100% of the cost of all work to be completed after the issuance of the Certificate of Occupancy.

(C)       Form of Security and Associated Agreements.  The form of financial security, and all associated agreements or stipulations shall be negotiated with the Town Administrator.  At a minimum, the Town shall accept cash, a joint passbook account, and an irrevocable letter of credit.  The Town shall have full access to these securities in the case that the Town must utilize them to secure the purposes of this section.

(D)       Other Requirements.  The entire amount of the financial security shall be provided up front, and if requested by the applicant, there shall be a provision for reducing the amount of the security as work is completed.  The Town shall retain sufficient security at all times to ensure that it can fulfill its purposes.  The Town retains the right to apply reasonable cost escalation factors to protect against inflation.  The Town retains the right to specify time deadlines for the completion of any or all improvements.  The Town retains the right to require a Site Improvement Agreement to document the exact conditions and stipulations of the financial security.

5.05        APPROVAL REQUIRED.  Prior to land clearing, site preparation, construction or any other such activity may begin on a site, and before any municipal permit for such activity may be issued, approval under this Regulation is required.  All activity on the site shall be in accordance with the approval.

5.06        CERTIFICATE OF OCCUPANCY.  Every approval pursuant to this Regulation is granted subject to the issuance of a Certificate of Occupancy (CO) upon completion of building construction and site work.  Issuance of the CO shall be the responsibility of the Code Enforcement Officer.

(A)       Use of a newly developed site prior to the issuance of the CO shall be prohibited.  Where the use of a site is being changed or expanded, continuation of the existing use of the site shall be permitted as reasonable until the CO is issued for the changed or expanded use.

(B)        The CO may be issued with the condition that certain site improvements be completed at a specified later date where weather or other reasons outside the applicant's control would cause obvious problems.  Where the CO is conditioned on subsequent work, the Town may require the applicant to provide financial securities per §5.04.

(C)       Inspections.  Municipal water, sewer and storm water inspections shall be required as specified by the Public Works Director.  A final site inspection by the Code Enforcement Officer shall be required prior to the issuance of the CO, and where an as-built plan is required per the approval, this plan shall be provided prior to the final site inspection.

5.07        AS-BUILT PLANS.  The Board may require as-built Site Plans to ensure that a site is developed in accordance with the approved plans and to accurately document the location of underground utilities.  All such as-built plans shall meet the current standards as set forth by the N.H. Joint Board of Licensure and the N.H. Land Surveyors Association.

(A)       With respect to ensuring compliance, the Board shall require such plans where the extent and/or complexity of site construction, or the proximity of the site cause reasonable concern about compliance.  Such as-builts shall be provided to the Code Enforcement Officer prior to the issuance of a Certificate of Occupancy.

(B)        With respect to documentation of underground drainage systems and utilities, all sites which connect to municipal or community utilities, including water, sewer, and storm water drainage, shall provide as built plans for all buried water, sewer, storm water drainage, electricity, telephone, and other underground pipes, lines and other such items.  The as-built plans shall document the location of such pipes and lines from their origin to their connection with municipal, community, or utility company systems.

5.08        ENFORCEMENT.  The Code Enforcement Officer, or other duly appointed designee of the Town Administrator, shall be responsible for enforcement.

5.09        COMPLIANCE WITH OTHER CODES.  The Site Plan Review Regulations in no way relieve an applicant from compliance with the Zoning Ordinance, the Subdivision Regulations, or any other code adopted by the Town or any other governmental unit.  In the event that the requirements of this Regulation are in conflict with the other codes, the more stringent shall apply.  This is also required by RSA 676:14.

5.10        SAVING CLAUSE.  If any clause, portion or section of this Regulation is found invalid by a court of competent jurisdiction, this finding shall not invalidate the remainder of this Regulation.