Site Plan Review Regulations
Site Plan Review Regulations
Sandwich Site-Plan Review
TOWN OF SANDWICH
AMENDED AUGUST 6 , 1997
AMENDED APRIL 5, 2001
AMENDED DECEMBER 5, 2002
AMENDED APRIL 1, 2004
AMENDED JANUARY 3,2013
AMENDED JANUARY 7,2014
AMENDED MAY 5, 2016
160-3 GENERAL PROVISIONS
160-4 RELATIONSHIP TO OTHERCODES AND ORDINANCES
160-6 APPLICATION REQUIREMENTS
160-7 REQUIREMENTS FOR SITE PLANAPPROVAL
160-8 PROCEDURE FOR SITE PLANREVIEW
160-9 PERSONAL WIRELESS SERVICESFACILITIES
160-10 WAIVERS AND APPEALS
SITE PLAN REVIEW REGULATIONS
[HISTORY: Adopted by the Planning Board of the Town of Sandwich 5-19-1983; amended 11-1-1989; 6-14-1990; 8-6-1997. Subsequent amendments noted whereapplicable.]
§ 160-1. Authority.
Pursuant to the authority vested in the Sandwich Planning Board by the votersof the Town of Sandwich by vote of the Town Meeting, March 9, 1982, and inaccordance with the provisions of New Hampshire RSA 674:43 as amended, thePlanning Board adopts the following regulations governing the review andapproval of site plans for the development or change or expansion of use oftracts for nonresidential uses, for residential cluster developments, or formultiple-unit residential developments of more than two units.
§ 160-2. Purpose.
The purpose of these Site Plan Review Regulations is to protect the publichealth, safety and welfare; to ensure the adequacy of traffic and public safetyequipment access, circulation, and parking; to ensure the provision of adequatebuffers, landscaping and screening to protect adjoining properties againstdetrimental or offensive uses on the site, including but not limited tounsightly or obnoxious appearance, smoke, and noise; to protect against adverseenvironmental impacts from a proposed development, including inadequatedisposal or storage of sewage, refuse and other wastes, and inadequate surfacedrainage; and to reasonably minimize the projected demands for Town facilities,services, schools and public ways. The Planning Board may exercise its broadestdiscretion to assure that the site usage is compatible with the statedobjectives of the Master Plan of the Town.
§ 160-3. General provisions.
A. Title. These regulations shall be known and cited as: "Site Plan ReviewRegulations of the Town of Sandwich, NH."
B. Jurisdiction. These regulations shall pertain to all land within theboundaries of the Town of Sandwichand shall be in effect from the time of their adoption by the Sandwich PlanningBoard.
C. Administration. The Planning Board of the Town of Sandwich shall administer these regulations.They shall be enforced by the Board of Selectmen of the Town of Sandwich or by their dulyauthorized agent.
D. Penalties. Any owner, or agent of the owner of any building or developmentwho commences site development for construction, or actual construction,without site plan approval may be enjoined by the Town through its counsel orother official designated by its Selectmen; and after such owner, or agent ofthe owner, no later than one year after the site plan is rejected by thePlanning Board, shall restore the property to its condition prior to the timeof such site development for construction or actual construction. If such propertyis not restored within said one year, a penalty not to exceed $100 shall beimposed upon the owner or agent of the owner for each day beyond said one yearthat the property is not restored.
§ 160-4. Relationship to other codes and ordinances.
These Site Plan Review Regulations in no way relieve the developer or his/heragent from compliance with the Zoning Ordinance, SubdivisionRegulations or any other ordinance which pertains to the proposeddevelopment. The Planning Board may conditionally approve a site plan subjectto receipt of other town, state, or federal permits related to the site plan,such as but not limited to, variance, special exception, steep slopes, drivewaypermit, and excavation permit. No building permit will be issued until approvalof the site plan is granted by the Board.
§ 160-5. Definitions. All definitions are contained in the Zoning Ordinance, Article I, Section150-5. [Amended 05/05/16]
§ 160-6. Application requirements.
A. An application shall be filed with the Administrative Secretary of thePlanning Board or designated agent at least 24 days prior to a regularlyscheduled public meeting of the Board. Ten copies of the original applicationand ten copies of an 11” x 17” copy of any plats shall also be submitted. [Amended9-1-11 & 01/07/14]
B. Application contents sufficient to meet the requirements to initiateformal review shall include an application form completely filled in and signedby all property owners including a description of the project, an abutter list,fees, agent form as appropriate, and waivers if requested. If the Board findsthat the application is not complete, the application will not be accepted andformal review will not occur. The Board will notify the applicant in writing ofthe denial of acceptance and include a list of deficiencies. [Amended 01/-07-2014]
C. An application shall contain the followingrequirements sufficient to involve Board deliberationand approval or disapproval. Failure toprovide all information necessary for the Board to make a determination on theapplication may result in the application being continued until all informationis submitted.
(1) Site plan drawing specifications:
(a) Four copies of the planand other drawings to be provided.
(b) Maximum sheet size, 24inches by 36 inches with one-half- to one-inch border on three sides and two-inch on the left.
(c) Scale: not to exceed 50feet per inch unless permission is granted by the Board.
(d) Title block in lower rightcorner giving name and location of development, scale, contour intervals and names, official seals andsignatures of licensed designer(s)and land surveyor(s).
(e) Approval block for use bythe Board.
(f) North point (magneticnorth and declination) and a locus map.
(g) Date of survey, date(s) ofrevision(s) and superseding notice.
(h) Otherwise in accordancewith directions issued from time to time by the Register of Deeds of Carroll County.
(2) Lot description:
(a) Bearings and distances ofthe parcel boundaries.
(b) Topography with no greaterthan five-foot contour intervals. At major constructionsites contour intervals should be no more than two feet.
(c) Location and name(s) ofstreet(s).
(d) Distance in feet fromcorner of lot to nearest street intersection.
(e) Boundaries of existingnatural features (rivers, lakes, intermittent runoffs, wetlands, ledges, etc.) within 200 feet of the developedportion.
(f) Vegetative cover of area(wooded or cleared).
(g) Any important specimentrees.
(h) All existing improvements,utilities, easements and rights-of-way within 50 feet of the site boundaries and 100 feet from front corners onstate and Town highways and 100feet from right-of-way lines.
(i) Soil types. If theproposed uses and/or the density of development warrant extraordinary attention to water and waste disposal, a HISSmay be required.
(3) Proposed site details.
(a) Planned roads showing:
 Length ofradii of curves to center line.
 Length ofinterior radii at curves and junctions.
 Planned roadwidth (shoulder to shoulder), including typical cross sectionand profile.
 Access: drivesand openings off service road or highway.
 Names of newstreets which are subject to Board approval.
(b) Parking area: location withoverall dimensions, parking method (parallel or angle), capacity, curbing, type of surface and drainage.
(c) Structures and specialfacilities:
 Location, toscale.
 Proposedfinished grade elevation at foundation.
 Building floorplans and elevations.
 Lighting orpower poles.
(d) Finished contours:changes in grade indicated by dashed contour lines.
(e) Location of proposedand existing water lines, wells, sewage lines, sewage systems, surface drainage system, and utility lines, includinglocation of source, tanks, drains,size of pipe, poles, and sewage disposal fields, service areas, loading area; location of existingfire hydrants and water sources for fire protection.
(f) Limit of lawn areas,location and type of landscape planting, existing trees to remain and the like.
(g) Location of walks,fences and screening.
(h) Location of signs,lights.
(4) Additional material or information required:
(a) For on-lot sewage systems:Department of Environmental Services approval forconstruction.
(b) Driveway permit from stateor Town Highway Department.
(c) Sight distance at entrancefrom 10 feet off edge of pavement.
(d) Dredge and fill and/orsite-specific permit if required.
(e) Utility easements. Alayout indicating how the site will be served by electric, telephone and any other public utility must beprovided. If the utility company(s) requiresan easement to provide service, no final approval shall be granted by the Board until such easements are secured. Ifno easements are required, a letter of intentto provide service from the utility company(s) must accompany the application.
D. Preliminary Consultations. The Board may provide for preliminaryconsultation and review upon application as long as this consultation islimited to discussions of proposals in conceptual form only and in such generalterms as the desirability of types of development and proposals under theComprehensive Master Plan. Such discussion may occur without the necessity ofgiving formal public notice, but such discussions may occur only at formalmeetings of the Board.
§ 160-7. Other Requirements for site plan approval.
A. Adequate traffic access, circulation, and parking are provided to ensure thesafety of vehicles and pedestrians. Criteria for such a determination shallinclude, but need not be limited to, the following:
(1) Access to public streets meet the requirements of the NH Department ofPublic Works and Highways and/or the Town of Sandwich;
(2) It is expected that shoppers, employees, and/or residents will requireaccess to sidewalks running from the street side to the establishment(s).Sidewalks shall be provided for pedestrian traffic to provide connectionbetween the main entrances of business, housing, or industrial establishmentsand parking areas;
(3) Sufficient off-street parking for the vehicles of employees, customersand/or residents so that no parking is forced onto public streets. For allnonresidential uses 200 square feet of parking area shall be provided for everytwo employees. In addition, commercial uses shall be provided with at least twosquare feet of parking space for every square foot of public floor area to beused for business; restaurants shall be provided with at least one parkingspace of 200 feet square feet for each three seats; hotels and similar usesshall be provided with at least 200 square feet of parking space for every twopersons to be accommodated on the premises. Single-family dwellings andmultiple-unit residential developments shall provide for each unit at least twoindoor or outdoor parking spaces of at least 200 square feet each. Requirementsfor institutional or other uses not specified above shall be determined by theBoard on a case-by-case basis; [Amended 4-1-2004]
(4) Sufficient off-street loading and/or unloading space is provided,including off-street areas for maneuvering of anticipated trucks, or othervehicles. Maneuvers for parking and/or loading or unloading must not take placeon a public street;
(5) Access, parking, and loading areas constructed to minimize dust, runoffand erosion conditions that would have a detrimental effect of on abuttingproperties;
(6) Access for fire and rescue equipment.
B. Adequate buffers, landscaping, and screening to protect adjoiningproperties against any possible detrimental or offensive uses on site,including, but not limited to, obnoxious appearance, smoke and noise. Criteriafor such a determination shall include, but need not be limited to, the following:
(1) Sufficient buffer strips to reduce noise and provide privacy betweenproposed development and abutting residential areas. Buffer strips shallcontain vegetation to screen site from abutting residential uses during wintermonths;
(2) Adequate landscaping between site and public highways or streets;
(3) Adequate interior landscaping in large parking areas (over two doublerows);
(4) Litter (garbage) storage and collection areas fenced and/or screened byvegetation;
(5) Outdoor lighting which does not glare on abutting properties or onpublic highways or streets.
C. Adequate measures to protect against adverse environmental impacts.Criteria for such a determination include, but are not limited to, thefollowing:
(1) Sewage disposal and water supply systems designed to meet the regulationsof the NH Department of Environmental Services and/or the Town of Sandwich;
(2) If the proposed development is located within a flood-hazard area, adequatemeasures to minimize flood damage to structures, public utilities, and septicsystems located on the site;
(3) Adequate provisions for safe storage of hazardous materials and/or wasteto protect against environmental pollution, negative effects on neighboringproperties and danger to users or residents of the site;
(4) Adequate provisions for surface drainage.
D. Commercial wireless communication towers. Adequate provisions to preventunreasonable interference with the view from any private dwelling, public park,natural scenic vista, historic building or district or major view corridor.
E. Any other adequate provisions, which the Planning Board deems necessaryto protect the public health, safety and welfare. [Amended 4-1-2004]
F. State of NH Fire Code Review
For any new or change of use in a commercial building, or achange from a residence into a commercial or public use, a review and approvalof the plans as they pertain to the State of NH Fire Code shall be required andperformed by the Sandwich Fire Department.
§ 160-8. Procedure for site plan review.
A. Preliminary Consultation discussion. An applicant may appear before thePlanning Board to discuss the proposed development in a manner consistent with§ 160-6D preceding.
B. Filing and submission of application.
(1) The application shall be filed with the Administrative Secretary of thePlanning Board (or a designated agent) at least twenty-four (24) days prior toa scheduled public meeting of the Board.
(2) The application shall be formally submitted to and accepted by the Boardwithin thrity (30) days of receipt only at such scheduled public meeting afterdue notification to applicant, abutters, and the general public of the date thecompleted application will be submitted and received by the Board. Anapplication filed by the applicant determined to be incomplete will not beformally accepted by the Board.
C. Board action on accepted application. The Board shall begin formal review ofthe completed application upon acceptance and shall act to approve ordisapprove the application within sixty-five (65) days after its acceptance.Extensions may be granted per RSA 676:4I(f).
D. Public hearing. The Board, before initiating formal review and action onthe completed application, shall hold a public hearing to provide anopportunity for public testimony relative to the presumed consequences of theproposed development. Such hearings may take place at a regular or specialmeeting of the Board and may be the same meeting at which the application isformally accepted. At the hearing, the applicant, any abutter, or any personwith a direct interest in the matter may testify in person or in writing. Otherpersons may testify, subject to Board approval at the hearing. The applicantand all abutters shall be notified of the hearing by a certified letter,stating the time and place of such hearing, and a general description of theproposal and its location, mailed at least 10 days before the date fixed forthe hearing. Hearing notice to the general public shall also be given at thesame time by posting in a public place in the Town and/or by publication in anewspaper of general circulation therein. For any public hearing on theapplication, the same notice as required for notice of submission of theapplication shall be given. If the notice of public hearing has been includedin the notice of submission or any prior notice, additional notice of thepublic hearing is not required, nor shall additional notice be required of anadjourned session of a hearing with proper notice if the date, time, and placeof the adjourned session was made known at the prior hearing. Applications maybe disapproved by the Board without public hearing on the grounds of failure ofthe applicant to supply items required by these regulations as specified in §160-6 B. [Amended 01-07-14]
E. Performance Security. The Planning Board may require that a performancesecurity, the amount of which shall be determined by the Board, be posted bythe applicant and held by the Town until the Board is satisfied that allconditions of the site plan approval and any other pertinent zoning ordinance,subdivision regulation and building regulation requirements have been met. Theamount of the performance security shall be based upon an engineer's costestimate of the necessary improvements. The Board may require a review, at theapplicant's expense, by a registered professional engineer of the submittedplans and cost estimate. The performance security shall not be released untilthe Board certifies completion of the required improvements in accordance withthe site plan approved by the Board. [Amended 1-3-2013]
F. Approval of the site plan shall be certified by written endorsement ofthe site plan signed by the Chairman of the Planning Board. The Board maytransmit a copy of the site plan with such approval endorsed in writing thereontogether with required fees to the Register of Deeds of Carroll County. Theapplicant shall be responsible for the payment of recording fees. Should theapproval be subject to conditions not apparent on the face of the site plan,such conditions shall be recorded as well with reference made to such recordingon the face of the plat. In case of disapproval of any application submitted tothe Board, the grounds for such disapproval shall be stated in the minutes of theBoard meeting at which it was disapproved. Written notice of the decisionspecifying the reasons for the disapproval shall be sent to the applicantwithin five (5) business days of the decision.
G. Statute of limitations. Planning Board approval of a site plan shall bevalid for one year from date of approval.
§ 160-9. Personal wireless service facilities. [Added 4-5-2001]
A. Additional application submission requirements for all personal wirelessservice facilities:
(1) General filing requirements.
(a) A copy of the carrier'slicense from the FCC proving that it is eligible to deploy its systems in this geographical area and that thisdeployment falls under thejurisdiction of the Federal Telecommunications Act of 1996; or a copy of its contract with a person with such a license,and a copy of that license.
(b) A written statement signedby the landowner and carrier that the lease between the carrier and the landowner of the subject propertycontains the following provision:
 Landowner orcarrier can enter into leases with other carriers for co- location.
(c) A written and signedstatement from the landowner and applicant that he/she agrees that the Town may enter the subject property to obtainradio frequency radiation (RFR)measurements, to ensure conformance with the FCC guidelines, and to obtain noise measurements, allat the expense of the applicant, but not necessarilyaccompanied by, the applicant and/or landowner.
(d) The applicant will bearthe costs of regional notification as per RSA 12-K:7.
(2) Location plan filing requirements.
(a) A map showing the otherexisting personal wire service facilities (PWSF), both active and inactive, in the Town and outside the Townwithin 20 miles of its corporate limits.
(b) A Town-wide map that showsall existing and reasonably foreseen or contemplatedPWSF operated by the carrier in the Town.
(c) Proof by the carrier ofadequate comprehensive general public liability insurance for the proposed PWSF that provides coverage for damage orinjury to persons or propertycaused by the carrier or its facility.
(d) Upon request, adescription of why less visually intrusive alternatives for this PWSF were not proposed.
(3) Site plans for all personal wireless service facilities shall indicate:
(a) Outlines of all existingbuildings, including their purpose (e.g., residential buildings, garages, accessory structures, etc.), on thesubject property and within 300feet from the subject property boundary on abutting properties.
(b) Proposed location ofantenna(s), mount(s), and equipment shelter(s).
(c) Proposed security barrier,indicating type and extent as well as point of controlledentry.
(d) The proposed lease areafor the PWSF.
(e) The location of all roads,public and private, on the subject property, including driveways proposed to serve the PWSF and the type ofsurface proposed for the driveway.
(f) Distances, at grade, fromthe proposed PWSF to each building shown on the site plan.
(g) All proposed changes tothe existing property, including but not limited to grading, vegetation removal, and temporary or permanent roadsand driveways.
(h) Representations,dimensioned and to scale, of the proposed mount(s), antennas, materials used to reduce visual impact, equipmentshelters, cable runs, parkingareas and any other construction or development attendant to the PWSF.
B. Additional site plan submission requirements for ground-mounted personalwireless service facilities. Excluding the reconstruction of existingfacilities, the following shall be shown on a site plan for all ground-mountedPWSF, in addition to those items listed under Site Plan Review Regulations:
(1) Average tree canopy height within a one-hundred-fifty-foot perimeter ofthe mount, security barrier, or designated clear area for access to equipment,whichever is greatest.
(2) Any proposed landscape easement that includes the bearings and distancesof the easement and general conditions of the easement.
C. Design submittal standards for all personal wireless service facilities.
(1) Brochures. Equipment brochures for the proposed PWSF, such asmanufacturer's specifications or annotated trade journal reprints, shall beprovided for the antennas, mounts, materials used to reduce visual impact,equipment shelters, and cables as well as cable runs, and security barriers.
(2) Materials. Materials of the proposed PWSF shall be specified by generictype and specific treatment (e.g., anodized aluminum, stained wood, paintedfiberglass, etc.). These specifications shall be provided for the antennas,mounts, materials used to reduce visual impact, equipment shelters, cables aswell as cable runs, and security barriers, if any.
(3) Colors. Colors of the proposed PWSF will be represented by a color boardshowing the actual colors proposed. Colors shall be provided for the antennas,mounts, materials used to reduce visual impact, equipment shelters, cables aswell as cable runs, and security barriers, if any. In addition, colorphotographs of similar equipment should be provided.
(4) Dimensions. Dimensions of the PWSF specified for all three directions,height, width and breadth, shall be provided for the antennas, mounts,materials used to reduce visual impact, equipment shelters, cables as well ascable runs, and security barriers, if any.
(5) Photographs. The appearance of the proposed PWSF will be shown by atleast two photographic super-impositions of the PWSF within the subjectproperty. The photographic super-impositions shall be provided for theantennas, mounts, materials used to reduce visual impact, equipment shelters,cables as well as cable runs, and security barriers, if any, for the totalheight, width and breadth of the proposed PWSF.
(6) Lighting. If lighting of the site is proposed, the applicant shallsubmit a manufacturer's computer-generated, point-to-point printout, indicatingthe horizontal footcandle levels at grade within the property to be developedand 25 feet beyond the property lines. The printout shall indicate thelocations and types of luminaries proposed.
(7) Co-location. Carriers shall share PWSF and sites where feasible andappropriate, thereby reducing the number of PWSF that are stand-alonefacilities.
(a) All applicants for siteplan review for a PWSF shall demonstrate a good-faith effort to co-locate with other carriers, including contact with allother carriers for PWSF operatingin the Town of Sandwich or in adjoining or nearby jurisdictions.
(b) If the applicant intendsto co-locate or to permit co-location, drawings and studies showing the appearance and operation of the PWSF withmaximum co- location shall be provided.
(c) If the Planning Boardapproves co-location for a PWSF site, the site plan shall indicate how many facilities and of what typeshall be permitted on that site. Facilitiesspecified in the site plan approval shall require no further zoning approval, but shall require a buildingpermit. However, the addition of any facilitiesnot specified in the approved site plan shall require a new site plan.
(8) Climbing apparatus. All climbing apparatus shall be secure fromunauthorized use.
D. Noise standards for all personal wireless service facilities. Theapplicant shall provide a statement listing the existing and maximum futureprojected measurements of noise from the proposed PWSF, measured in decibelsLdn (logarithmic scale, accounting for greater sensitivity at night). Suchstatement shall be certified and signed by an acoustical engineer, stating thatnoise measurements are accurate and shall include the following:
(1) Existing, or ambient: the measurements of existing noise.
(2) Existing, plus the proposed PWSF: maximum estimate of noise from theproposed PWSF plus the existing noise environment.
(3) Existing, plus the proposed PWSF plus cumulative: maximum estimate ofnoise from the proposed PWSF plus the maximum estimate of noise from the totaladdition of co-located PWSF plus the existing noise environment.
E. Radio frequency radiation (RFR) for all personal wireless facilities: Theapplicant shall provide a signed and stamped certificate by an RF engineerstating that the maximum radio frequency radiation of the PWSF and thecumulative RFR of any existing PWSF at the site will not exceed the FCCguidelines. The FCC guidelines shall be incorporated as part of thiscertification.
F. Environmental filing requirements for all personal wireless servicefacilities.
(1) The National Environmental Policy Act (NEPA) applies to all applicationsfor PWSF. NEPA is administeredby the FCC via procedures adopted as Subpart 1, Section 1.1301 et seq. (47 CFR Ch. I). The FCCrequires that an environmental assessment (EA) be filed with the FCC prior tobeginning operations for any PWSF proposed in or involving any of thefollowing:
(a) Wilderness area.
(b) Wildlife preserve.
(c) Threatened or endangeredspecies.
(d) Historical site.
(e) Native American religioussite.
(h) High-intensity whitelights in residential neighborhoods.
(i) Excessive radio frequencyradiation exposure.
(2) At the time of application, an EA that meets FCC requirements shall besubmitted to the Town for each PWSF site that requires such an EA to besubmitted to the FCC. In addition, a letter of concurrence substantiating thefinding of the applicant for each of NEPA checklist items shall accompany thesite plan application.
(3) The applicant shall list the location, type, and amount (including traceelements) of any materials proposed for use within the PWSF that are consideredhazardous by the federal, state, or county government, or by the Town ofSandwich.
G. Structural standards for ground-mounted personal wireless servicefacilities, excluding reconstruction of existing facilities: The applicantshall provide a report prepared by an independent licensed professionalstructural engineer describing the facility and specifying the maximum numberand types of antennas the facility is designed to accommodate. The report shallbear the seal of the engineer who prepared the report.
H. Visibility standards for ground-mounted personal wireless servicefacilities, excluding reconstruction of existing facilities:
(1) Sight lines: Lines representing the sight line showing the viewpoint (pointfrom which view is taken) and visible point (point being viewed) shall beprovided, as described below:
(a) Existing("before" condition) photographs. Each sight line shall beillustrated on four-inch-by-six-inch orlarger color photograph of what can currently be seen from any public road or residential building identifiedabove.
(b) Balloon test. Within 14days of the acceptance of the site plan application by the Planning Board, the applicant shall arrange for a balloon orcrane test at the proposed PWSF site toillustrate the height of the proposed facility. The date, time and location of such test shall beadvertised in the Meredith News at least 10 days prior to the test, and the test must be left in place for a minimumof two days (48 hours).
(c) Proposed ("after"condition) photographs. Each of the existing condition photographs shall have the proposed PWSF superimposed on itto show what will be seen from publicroads and residences if the proposed PWSF is built.
(2) Elevations: siting elevations, or views at-grade from the north, south,east and west for a fifty-foot radius around the proposed PWSF plus from allexisting public and private roads that serve the property. Elevations shall beat either one-quarter-inch-equals-one-foot or one-eighth-inch-equals-one-footscale, and show the following:
(a) Antennas, mounts,materials used to reduce visual impact, and equipment shelter(s), with total elevation dimensions and height aboveground level (AGL) of thehighest point. [Amended 4-1-2004]
(b) Security barrier. If thesecurity barrier will block views of the PWSF, the barrier drawing shall be cut away to show the view behind thebarrier.
(c) Any and all structures onthe subject property.
(d) Existing trees and shrubsat current height and proposed trees and shrubs at proposed height at time of installation, with approximateelevations dimensioned.
(e) Grade changes, or cuts andfills, to be shown as original grade and new grade line, with two-foot contours above mean sea level.
I. Modifications to personal wireless service facilities: A modification ofa PWSF is considered equivalent to an application for a new PWSF and requires asite plan review when any of the following events apply:
(1) The applicant and/or co-applicant wants to alter the terms of the site planby changing the PWSF in one or more of the following ways:
(a) Change in the number offacilities permitted on the site; or
(b) Change in technology usedfor the PWSF that will affect the visible elements of the facility, or thatwould alter the amount(s) and/or type(s) of hazardous materials used at thefacility.
(2) The applicant and/or co-applicant wants to add any exterior visibleequipment or additional height not specified in the approved site plan.
§ 160-10. Waivers and appeals.
A. Waivers. The Board may waive specific requirements of these regulations ifthe Board finds, by majority vote, that (1) strict conformity would pose anunnecessary hardship to the applicant and waiver would not be contrary to thespirit and intent of the regulations; or (2) specific circumstances relative tothe site plan, or conditions of the land in such site plan, indicate that thewaiver will properly carry out the spirit and intent of the regulations. Thebasis for any waiver granted by the Board shall be recorded in the minutes ofthe Board.
B. Appeals. Any persons aggrieved by any decision of the Board concerning aplat or site plan may appeal in accordance with RSA 677:15.
3-9-1982 Planning Board authorized by Town Meeting to develop and issue Site Plan ReviewRegulations
5-19-1983 Site PlanReview Regulations adopted
11-1-1989 Regulationsreviewed and amended
4-5-2001 160-9 Personal wireless services facilities regulations added
12-5-2002 160-6B Home occupation regulations added; contents of completed application amended
4-1-2004 160-5, 160-7, 160-9 Approval of codification of Site Plan ReviewRegulations, including amendments to various definitions; site plan approvalrequirements; and personal wireless services requirements
1-3-2013 160-5, Definitions. 160-8.E. Performance Bond. To be consistent with language in the ZoningOrdinance.
1-7-2014 160-4Clarify the relationship of the site plan regulations to other codes andordinances; 160-5 amend the definition of Parking Space to be consistent withthe regulations; 160-6, 160-7, and 160-8 Clarify the application requirementsand process; 160-10 clarify the language to be consistent with state statutes
05-05-16 MovedDefinitions to the Zoning Ordinance; Added review of commercial development bythe Sandwich Fire Department for Life Safety Codes