The purpose of the Floodplain Overlay District is to:

For the purpose of this Section 9.1 only, the following terms have the following meanings:

Existing structures and appurtenances thereto within the Floodplain District which are inconsistent with these provisions shall be considered nonconforming structures and as such shall be bound by the provisions contained in Section 5.0, except that a facility permitted and assigned under the provisions of MGL c. 111, § 150A, may be completed without regard to the floodplain provisions stated herein.

In addition, an existing structure, group of structures and appurtenances thereto and a facility permitted and assigned under MGL c. 111, § 150A, may be expanded, altered and/or otherwise improved by right, without regard to the floodplain provisions stated herein, provided that such improvement, alteration and/or expansion which is inconsistent with said floodplain requirements does not exceed 50% of the market value of the existing structure or facility as defined under "Substantial Improvement" when completed.

All encroachments, including fill, new construction, Substantial Improvement to existing structures and other development, are prohibited unless certification by a registered professional engineer is provided by the applicant demonstrating, through hydrologic and hydraulic analyses performed in accordance with standard engineering practice, that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Any encroachment meeting the above standard shall comply with the floodplain requirements of the State Building Code.

In Zones A and AE, along watercourses that have not had a regulatory floodway designated, the best available federal, state, local, or other floodway data shall be used to prohibit encroachments in floodways which would result in any increase in flood levels within the community during the occurrence of the base flood discharge.

Base flood elevation data is required for subdivision proposals or other developments greater than 50 lots or five acres, whichever is the lesser, within unnumbered A zones.

Sections of the Massachusetts State Building Code (780 CMR) which address floodplain and coastal high hazard areas;

Wetlands Protection Regulations, Department of Environmental Protection (DEP) (currently 310 CMR 10.00);

Inland Wetlands Restriction, DEP (currently 310 CMR 13.00);

Minimum Requirements for the Subsurface Disposal of Sanitary Sewage, DEP (currently 310 CMR 15, Title 5).

The City of Haverhill requires a permit for all proposed construction or other development in the floodplain overlay district, including new construction or changes to existing buildings, placement of manufactured homes, placement of agricultural facilities, fences, sheds, storage facilities or drilling, mining, paving and any other development that might increase flooding or adversely impact flood risks to other properties. The Inspectional Services Department shall create a form application and process said application for permits.

The City's permit review process shall include the requirement that the proponent obtain all local, state and federal permits that will be necessary in order to carry out the proposed development in the floodplain overlay district. The proponent must acquire all necessary permits, and must demonstrate that all necessary permits have been acquired.

Such proposals minimize flood damage;

All public utilities and facilities are located and constructed to minimize or eliminate flood damage; and

Adequate drainage is provided to reduce exposure to flood hazards.

When proposing subdivisions or other developments greater than 50 lots or five acres (whichever is less), the proponent must provide technical data to determine base flood elevations for each developable parcel shown on the design plans.

Adjacent communities of Merrimac, West Newbury, Groveland, Boxford, North Andover, and Methuen, Massachusetts and Salem, Atkinson, Plaistow, and Newton, New Hampshire;

NH NFIP State Coordinator, New Hampshire Department of Business and Economic Affairs;

NFIP State Coordinator - Massachusetts Department of Conservation and Recreation;

NFIP Program Specialist - Federal Emergency Management Agency, Region I.

NFIP State Coordinator

Massachusetts Department of Conservation and Recreation.

NFIP Program Specialist

Federal Emergency Management Agency, Region I.

Agricultural uses such as farming, grazing, truck farming, horticulture, etc.

Forestry and nursery uses.

Outdoor recreational uses, including fishing, boating, play areas, etc. However, in A and AE Zone, all recreational vehicles to be placed on a site must be elevated and anchored in accordance with the zone's regulations for foundation and elevation requirements or be on the site for less than 180 consecutive days or be fully licensed and highway ready.

Conservation of water, plants, wildlife.

Wildlife management areas, foot, bicycle, and/or horse paths.

Temporary nonresidential structures used in connection with fishing, growing, harvesting, storage, or sale of crops raised on the premises.

Buildings lawfully existing prior to the adoption of these provisions, subject to Substantial Damage/Substantial Improvement provisions in the state building code.

Promote the health, safety and general welfare of the City;

Protect, preserve and maintain the existing and any future surface water supply and groundwater recharge areas within the City;

Preserve and protect the community against detrimental uses and development within the WSPOD;

Conserve the natural resources of the City; and

Prevent pollution in the WSPOD and degradation of the public water supply.

One individual single-family dwelling unit which is within the WSPOD District but not within 500 feet of the water bodies outlined in Subsection D(3)(a)[5],[1] Places of worship, nonprofit educational development, trade schools, nursery schools, nonprofit schools, colleges or universities and City governmental buildings, provided that no more than 10% of a building lot, or 2,500 square feet, whichever is greater, is rendered impervious, and further provided that the slope of the portion of the lot to be built upon, prior to alteration, shall not exceed 15%, wetlands portions excluded.

Conservation of soil, water, plants and wildlife.

Outdoor recreation activities and facilities including unpaved play areas, nature study, boating, fishing, and hunting where otherwise legally permitted, but not involving the use of motor vehicles or motor boats.

Wildlife management areas, landings, foot and bicycle paths and bridges, provided that such uses do not affect the natural flow pattern of any watercourse.

Normal operation and maintenance of existing water bodies and dams, splash boards, and other water control, supply and conservation structures and devices.

Maintenance and repair of any existing structure, provided that no more than 10% of the lot is rendered impervious, or, if the existing impermeable area exceeds 10%, there is no increase in impermeable area.

Farming, gardening, nursery, conservation, forestry, harvesting and grazing, provided that fertilizers and other leachable materials are not stored outdoors.

All new and expanded waste oil retention facilities.

All underground storage tanks and above ground storage of liquid hazardous material as defined in MGL c. 21E and petroleum products of any kind, including, without limitation, gasoline, waste oil, heating oils, diesel fuel and any other liquid hydrocarbons, except as follows: a) those incidental to normal household use and outdoor maintenance or the heating of a structure; b) emergency generators required by statute, rule or regulation; c) a response action conducted or performed in accordance with MGL c. 21E and 310 CMR 40.000 and which is exempt from a groundwater discharge permit pursuant to 314 CMR 5.05(14); provided that such storage is either in a freestanding container within a building or in a covered freestanding container above ground level with protection adequate to contain a spill the size of 10% of the total possible storage capacity or 110% of the largest storage container, whichever is greater. However, these storage requirements do not apply to the replacement of existing tanks or systems for the keeping, dispensing or storing of gasoline outside of Zone A provided the replacement is performed in accordance with applicable state and local requirements.

Facilities that, through their acts or processes, generate, treat, store or dispose of hazardous waste that are subject to MGL c. 21C and 310 CMR 30.000 including, without limitation, solid wastes, hazardous wastes, leachable wastes, chemical wastes, radioactive wastes, and waste oil, except for the following:

Treatment or disposal works subject to 314 CMR 3.00 or 5.00 including, without limitation, solid wastes, hazardous wastes, leachable wastes, chemical wastes, radioactive wastes, and waste oil, except for:

Sand and gravel excavation operations, including the removal of soil, loam, sand, gravel or any other mineral substances with the exception for excavations for the construction of building foundations or the installation of utility works.

Uncovered or uncontained storage of fertilizers including uses which discharge processed liquids on site. Land application and storage of sludge and septage, as defined in 310 CMR 23.05.

Storage of road salt and sanding materials, including but not limited to sodium chloride, calcium chloride, chemically treated abrasives or other chemicals used for the removal of snow or ice on roads. Storage or disposal of snow or ice, removed from highways and streets located outside the WSPOD.

Animal feed lots and the uncovered or uncontained storage of manure.

Automobile graveyards and junkyards, as defined in MGL c. 140B, § 1; and commercial outdoor washing of vehicles, and commercial car washes.

Automobile repair shops, auto body shops, automobile garages and equipment storage garages within Zone A. Automobile repair shops, auto body shops, automobile garages for five or more vehicles and equipment storage garages outside of Zone A but within the limits of the Water Supply Protection Overlay District.

Cemeteries (human and animal) and mausoleums.

Solid waste handling facilities, as defined in 310 CMR 16.00, including, without limitation, sanitary landfills, open dumps, combustion and transfer stations.

Disposal of liquid or leachable wastes by on-site sewage disposal systems subject to 310 CMR 15, except such systems serving one-or-two-family residences or commercial, business or community facilities uses discharging not more than 1,000 gallons per day per 40,000 square feet of lot area and complying with 310 CMR 15.00.

Medical, testing and research laboratories that dispose of biological or chemical wastes on-site or store such wastes outside prior to disposal off-site, except such laboratories associated with a medical group or offices consisting of fewer than three doctors.

Land uses which result in the rendering impervious of more than 10% or 2,500 square feet of any building lot, whichever is greater.

Land use that renders impervious area greater than 2,500 square feet on any building lot within Zone A.

Any other use not permitted as of right or by special permit.

The application of fertilizers, manure and soil amendment for non-domestic or non-agriculture uses, provided that Best Management Practices (BMPs) are utilized as determined by the special permit process to prevent any adverse impact on the Water Supply Protection Overlay District and the interests to be protected thereunder. The applicant shall demonstrate to the satisfaction of SPGA that such precautions, including but not limited to erosion control techniques, the control of runoff water, the prevention of volatilization of deposition of agricultural chemicals, and the control of nutrient transport and deposition and sedimentation, will be provided as necessary.

Commercial, business and community facilities uses, provided that BMPs are utilized as determined by the special permit process to prevent compaction, siltation of wetlands and surface waters, loss of recharge, exfiltration from sewer pipes and contamination by oil, chemicals, and nutrients, as well as any other adverse impact on the WSPOD and the interests to be protected thereunder.

The use or storage of toxic or hazardous materials required for treatment of drinking water and public water, treatment facilities, provided those materials are protected to prevent their release to the environment.

Any use otherwise permitted as of right or by special permit that requires a permit under the National Pollutant Discharge Elimination System permit program established pursuant to 33 U.S.C. § 1342, the Surface Water Discharge Permit Program established pursuant to MGL c. 21, s. 43, or the Groundwater Discharge Permit Program established pursuant to MGL c. 21, s. 43.

Any building, structure, land-disturbing activity or excavation, excluding that done solely to gather data (i.e., test pits, perk tests and monitoring wells supervised by the Board of Health), within 500 linear feet of the mean high water elevation within any registered water supply for the City of Haverhill.

Any use in § 9.2.6 where explicit provision is made for a special permit; and any use where the owner of the land in question shows such land does not lie as either the primary or secondary recharge areas of groundwater aquifers nor the watershed areas of reservoirs/surface waters that provide public water supply.

Any new streets which will be built to serve three or more lots.

Land uses that result in the rendering impervious of more than 10%, 20% with artificial recharge, or 2,500 square feet of a building lot, whichever is greater. Any system proposed for artificial recharge of precipitation shall not result in groundwater pollution, the design of which shall be approved by the SPGA pursuant to a special permit.

Notwithstanding the provisions of § 9.6, the SPGA may grant a special permit where an applicant demonstrates that prohibition would constitute a taking of property in violation of the Massachusetts and United States Constitution; provided, however, that the SPGA must comply with the provisions of 310 CMR 22.20B and 310 CMR 22.20C(2) and that no reasonably foreseeable danger to the public health, safety or welfare will arise from such special permit.

The application shall include a list of all state, local and federal permits, licenses and approvals required for the proposed activity, and the status of all such permits, licenses and approvals.

The application shall be prepared in accordance with the data requirements and BMPs of the proposed development (e.g., including but not limited to erosion and sedimentation control plan, stormwater requirements, septic system designs);

The application shall include a complete list of chemicals, pesticides, fuels and other potentially hazardous materials to be used or stored on the premises in any quantity. The application shall include a Management Plan for the handling, storage and disposal of any materials identified.

The application shall include an analysis by a professional geologist, hydrologist, soil scientist, or Massachusetts licensed engineer experienced in groundwater evaluation or hydrogeology to demonstrate that the proposed activity will not be detrimental to the purposes of this district as set forth in § 9.2.1.

Safeguards. Provision shall be made to protect against toxic or hazardous materials discharge or loss resulting from corrosion, accidental damage, spillage, or vandalism through measures such as: spill control provisions in the vicinity of chemical or fuel delivery points; secured storage areas for toxic or hazardous materials; and indoor storage provisions for corrodible or dissolvable materials. For operations which allow the evaporation of toxic or hazardous materials into the interiors of any structures, a closed vapor recovery system shall be provided for each such structure to prevent discharge of contaminated condensate into the groundwater.

Location. Where the boundary line of the WSPOD divides a lot or parcel, the requirements established by this chapter shall apply only to the portion of the lot or parcel located within the WSPOD. The boundary shall be shown as part of development review as required by this chapter under § 10.1.4. The applicant shall demonstrate, through the use of site plans, that development activity outside of the boundary shall not be connected to land within the boundary through post-development grading, stormwater infrastructure, wastewater infrastructure or other potential connections that could lead to the contamination of groundwater within the WSPOD. Where development practices create a hydrologic connection across the WSPOD boundary, the applicant shall demonstrate that any water moving into or away from the WSPOD is accounted for in any of the required pollutant loading calculations and meets all of the standards associated with the WSPOD. Where a special permit may be required, the Planning Board may impose such conditions as are reasonably required to ensure that these standards are met. Where the premises are partially outside of a WSPOD, site design shall, to the maximum degree possible, locate such potential pollution sources, such as on-site disposal systems, outside of the District.

Disposal. The design of on-site sewage treatment and disposal systems shall conform with the requirements of 310 CMR 15.000 in all regards. No system serving new construction shall be designed to receive or shall receive more than 440 gallons of design flow per day per acre except as set forth at 310 CMR 15.217(2). For any toxic or hazardous wastes produced in quantities greater than those associated with normal household use, the applicant must demonstrate the availability and feasibility of disposal methods which are in conformance with MGL c. 21C.

Stormwater. The design of on-site stormwater treatment and disposal systems shall conform with Massachusetts Stormwater Standards in all regards. All increase in runoff generated on the site shall be recharged on-site in a manner demonstrated to assure full protection of the water quality and quantity in the WSPOD. The SPGA may require off-site disposal of said runoff if it is determined that either on-site recharge is infeasible because of site conditions or is undesirable because of risks to water quality from such recharge. Dry wells shall be used only where other methods are not feasible, and shall be preceded by oil, grease, and sediment traps to facilitate removal of contaminants.

In granting a special permit, the SPGA shall impose such additional conditions and safeguards (e.g., the installation of monitoring wells) as will protect the water resources of the City of Haverhill.

If any City Authority, within 35 days of the SPGA's request for comments, opposes the grant of the special permit or recommendations conditions and limitations on the grant, the SPGA must either follow such recommendations or state in writing as part of its findings the reasons for any departures from such recommendations.

Satisfies the design and operations guidelines set forth in this section;

Is in harmony with the purposes and intent of this section and will promote the purposes of the WSPOD;

Is appropriate to the natural topography, soils, and other characteristics of the site to be developed;

Will not, during construction or thereafter, have an adverse environmental impact on any water body or watercourse in the district; and

Will not adversely affect the quality or quantity of an existing water supply.

If an application submitted to the SPGA does not contain adequate data, including field and laboratory measurement results and fully documented calculations, performed or certified by a professional geologist, hydrologist, soil scientist, or Massachusetts engineer experienced in groundwater evaluation or hydrogeology, which verifies groundwater, surface water and drinking water supply information submitted in support of the application and inclusion of the subject land within the WSPOD, the SPGA may engage a professional geologist, hydrologist, soil scientist, or Massachusetts engineer experienced in groundwater evaluation or hydrogeology to perform analyses and prepare data necessary to provide the information required by this section and shall charge the applicant for the cost of providing such information. The SPGA shall provide the applicant with a statement of work performed and the cost thereof when charging an applicant hereunder. The SPGA shall not engage such professional geologist, hydrologist, soil scientist, or Massachusetts engineer experienced in groundwater evaluation or hydrogeology unless it notifies the applicant that the information in the application is not in compliance and provides the applicant an opportunity to supplement the application with information prepared by a professional geologist, hydrologist, soil scientist, or Massachusetts engineer experienced in groundwater evaluation or hydrogeology approved by the SPGA or is notified by the applicant that the applicant will not supplement the information.

The Waterfront District (WD) is a comprehensive zoning district for the City's waterfront area. The City of Haverhill's waterfront was once an active place for boating and water-dependent uses. This zoning district recaptures that active place and encourage connections, both visually and physically, from the downtown to the waterfront. A major objective of the district is to expand upon the existing rail trail and create a waterfront walkway connecting the downtown and the Bradford side of the Merrimack River.

The Waterfront District encompasses sections of the downtown along the north side of the Merrimack River and the area located on the south (Bradford) side of the Merrimack River. There is currently no connection, either visually or physically, between the Bradford side of the Merrimack River and the rest of the downtown. This district creates standards and provides developers with incentives to create a connection for both sides of the river.

The Waterfront District has standards for the entire district and also creates sub-zones that will contain standards specific to each zone. Each sub-zone encourages uses that are appropriate for the zone. Under the umbrella of the Waterfront District, each of the sub-zones contains goals and standards that will create a comprehensive vision for the waterfront. Together, each of the subzones includes goals for either developing affordable housing, market-rate housing, mixed-use development, artist live/work space, retail/office, higher educational uses, water-dependent uses, and high- and low-density residential. The major objectives of the district are to:

Sub-Zone A: Washington Street Area. The goal of this sub-zone is to meet the objectives as set forth in the existing Downtown Smart Growth Overlay District, particularly the creation of affordable housing. Sub-Zone A will follow the standards and requirements of the Downtown Smart Growth Overlay District.

Sub-Zone B: South side of Merrimack Street Adjacent to the Merrimack River. The goal of this sub-zone is to meet the objectives as set forth in the existing Merrimack Street Gateway Renaissance Overlay District, particularly to foster a range of housing opportunities along with mixed-use development components, including, among others, distinctive retail, education and education-based uses, performing arts, media and graphics arts, offices, and restaurants. Sub-Zone B will follow the standards as set forth in the Merrimack Street Gateway Renaissance Overlay District. All projects proposed will adhere to the requirements of the Merrimack Street Gateway Renaissance Overlay District.

Sub-Zone C: North side of Merrimack Street. The goal of this sub-zone is to create a lively area where artists can both live and work and to create a vibrant and active portion of the downtown.

Sub-Zone D: Water Street. The goals of this sub-zone are to create a vibrant and active entrance into the downtown; to create view corridors from the street to the Merrimack River; and to create an active waterfront.

Sub-Zone E: 100 South Kimball Street (Paperboard Site). The goals of this sub-zone are to allow flexibility in development of large tracts of land and to provide for a residential development combined with a mix of uses that relate to and enhance the waterfront area. Furthermore, development in this sub-zone should provide access and useable open space along the Merrimack River.

Sub-Zone F: Business Section of the South Side of the Merrimack River (Bradford). The goals of this sub-zone are to create an active waterfront along the Merrimack River; to continue the rail trail along the Merrimack River; to create connections, both visually and physically, to the downtown; and to create a lively area where artists can both live and work.

Sub-Zone G: Residential Section of the South Side of the Merrimack River (Bradford). The goals of this sub-zone are to provide open space and access to the Merrimack River; to improve the existing rail trail along the Merrimack River; and to provide a low-density housing option in close proximity to the downtown.

Sub-Zone H: North Side of Railroad Avenue (including the Orenstein site). The goals of this sub-zone are to create a residential node which complements the downtown and the adjacent commuter rail station. Furthermore, development in this sub-zone should ensure the continuation of visual corridors to the Merrimack River and extend upon the existing rail trail.

Retail, restaurant and other lively pedestrian-friendly uses are encouraged, particularly on the ground floor, except in Sub-Zones E, F, G and H where projects providing 100% residential development are encouraged.

Residential and office space shall be placed on upper floors, not on the first floor or street level, except in Sub-Zones E, F, G and H where projects providing 100% residential development are encouraged.

Installation of public art is encouraged in order to add visual interest and distinguishing features to landscaped or other public areas.

Buildings on a corner lot should be set to the corner of the front and side lot lines, with no setback.

Blank walls without windows or entrances facing onto pedestrian areas and/or alleyways shall be avoided to the extent possible.

Site lighting should be considered an integral element of the landscape design of a property. It should help define activity areas and provide interest at night. At the same time, lighting should facilitate safe and convenient circulation for pedestrians, bicyclists and motorists. Overspill of light and light pollution should be avoided.

Outdoor seating/dining throughout the district is encouraged, particularly along the Merrimack River and within the downtown area.

Development should be designed to complement and harmonize with adjacent land uses (existing and proposed) with respect to architecture and scale.

The standard architectural designs of regional or national businesses shall be modified in such a way so as to be compatible with the scale and massing of the adjacent land uses (existing and proposed).

All development should be designed to facilitate, accommodate, and encourage use by pedestrians, as much as, if not more so than, use by motorized vehicles.

Parking facilities should be appropriately screened from both pedestrian walkways and the Merrimack River as to not deter activity in these areas.

Drive-through facilities should not have driveways entering or exiting over the main frontage sidewalk.

Rooftop solar panels are encouraged throughout the district, except in Sub-Zones A, B, and C.

Septic system repair facility.

Solid waste disposal facility.

Salvage yard.

Self-storage facility.

Warehousing and distribution facility.

Motor vehicle service station (fuel sales).

Motor vehicle general and body repair.

Motor vehicle sales.

Motor vehicle car wash.

Seasonal dry storage of recreational vehicles on land for periodic use in the water during active boating season.

Solar farm.

Uses exempted by MGL c. 40A, § 3; and

Dwelling units for low- and/or moderate-income families or individuals as set forth in MGL c. 40B.

Physical access to or along the Merrimack River shall be provided pursuant to MGL c. 40, s. 9. The ordinance shall be interpreted so as to encourage physical access by the public to the Merrimack River and to discourage developments which prevent or block physical access to the river. Any property that has a property boundary that abuts the Merrimack River shall provide the City with an easement or other legal mechanism at either the water's edge or in close proximity to the Merrimack River depending on the topography of the area. The easement shall include a twenty-five-foot minimum temporary construction easement and a fifteen-foot minimum access easement within the boundaries of the temporary construction easement. Both easements shall be provided for the entire length of the property line or lines adjacent to the Merrimack River. Neither the temporary construction easement nor the access easement is required to be improved/constructed.

Visual corridors shall be provided to or along the Merrimack River. The visual corridors are not required to be open to the public and may contain trees or parking lots.

Primary building entrances shall be oriented toward the street, but buildings shall also have entrances facing the Merrimack River, which are subordinate in character and scale to the street entrance. For this purpose, "subordinate" shall mean that the entrance is smaller in height and width, and has fewer or simpler architectural elements.

All new buildings shall be constructed at the street edge with no front setback in order to complete the streetwall, except in Sub-Zones E and G where a front setback is required.

Dumpsters, utility meters, mechanical units and service/loading areas shall be screened from view of both pedestrian areas and the Merrimack River. Furthermore, they shall not be located in the pedestrian right-of-way.

Professional or artist live/work units shall be designed to meet the specific needs of the artist occupants, such as, but not limited to, the following: doorways and hallways should be oversize width to accommodate the moving of large objects; floors should be constructed to provide extra weight-bearing capacity; floors do not need to be finished; ceiling heights should allow for the creation of large works and equipment, including machinery and lighting.

Adequate municipal services shall be provided, including water, sewer, drainage, parks, and open space.

Public facilities and services shall be provided that are adequate to support the proposed development, such as schools, fire, emergency services, and police.

Adequate access points (ingress and egress) and routes to and from the property shall be provided to adjoining streets and ways so as to not cause a negative traffic impact.

Mitigation shall be provided to create an adequate traffic circulation system in order to insure proper traffic control and to minimize hazards to public health and safety as a result of traffic.

Projects located in Sub-Zones A, D, F, and H that provide improved public access to the Merrimack River from the parcel. Improved public access shall include the construction of pathways/walkways along the entire length of the property line adjacent to the Merrimack River, construction of pathways/walkways from the street to the Merrimack River, useable open space or parks and/or a fee in lieu of the future construction of pathways/walkways. The location and design of any pathways/walkways, open space, or parks shall be approved by the Economic Development Director and in keeping with the City's rail trail design. If the access is improved, the minimum twenty-five-foot temporary construction easement as required shall not be provided.

Projects located in Sub-Zones C and F that provide a minimum of 80% of the units as artist live/work space.

Projects located in Sub-Zone C that provide the development of two or more dwelling units as part of a mixed-use structure. The residential dwelling units must be located in the upper floors of a structure which is otherwise used for office, retail and/or restaurant uses on the ground floor.

Projects located in Sub-Zones C, D, F, and G that provide a minimum of 80% of the total residential units as market-rate housing and not restricted by income.

Sub-Zone A. The density in Sub-Zone A shall follow the standards as set forth in the Downtown Smart Growth Overlay District.

Sub-Zone B. The density in Sub-Zone B shall follow the standards as set forth in the Merrimack Street Gateway Renaissance Overlay District.

Sub-Zone C. The density in Sub-Zone C shall be 120 residential units per acre.

Sub-Zone D. The density in Sub-Zone D shall be 30 residential units per acre.

Sub-Zone E. The density in Sub-Zone E shall be 20 residential units per acre.

Sub-Zone F. The density in Sub-Zone F shall be 20 residential units per acre.

Sub-Zone G. The density in Sub-Zone G shall be 20 residential units per acre.

Sub-Zone H. The density in Sub-Zone H shall be 20 residential units per acre.

In Sub-Zone D, a maximum of 70 units per acre shall be permitted when a project provides improved public access to the Merrimack River and a public park. The size and design of the park must be approved by the Economic Development Director.

In Sub-Zone E, a maximum of 40 units per acre shall be permitted when a project provides the following:

In Sub-Zone F, a maximum of 40 units per acre shall be permitted when a project proposes to substantially rehabilitate an existing building into residential housing or artist live/work space.

In Sub-Zone H, a maximum of 40 units per acre shall be permitted when a project provides a public park on site. The area, location, and amenities included in the park must be approved by the Economic Development Director.

The dimensional regulations for Sub-Zone B shall follow § 9.5.8 of the Merrimack Street Gateway Renaissance Overlay District.

There are no dimensional regulations for Sub-Zones A, C, D, F, and H, except that the maximum height of any structures in Sub-Zones A, C, D, and H is 74 feet and the maximum height of any structures in Sub-Zone F is 55 feet.

The dimensional requirements for Sub-Zone E are as follows:

The dimensional requirements for Sub-Zone G are as follows:

Signs.

Awnings.

Conflict. If any of the above conflict or is more restrictive than a regulation as set forth in § 6.2, the above shall apply.

The parking requirements in Sub-Zone B shall follow the regulations as set forth in the Merrimack Street Gateway Renaissance Overlay District.

There is no off-street parking requirement in Sub-Zones A, C, and D except for the following:

The parking requirements in Sub-Zones E, F, G, and H are as follows:

The parking requirements may be accommodated by either providing parking on site or off site or a combination of on-site parking and/or parking at municipal or other parking facilities in the vicinity of the proposed use.

If the required parking is provided on site, the design of the parking shall conform to the specifications as set forth in § 6.1.4 of the Zoning Ordinance. In addition, on-site parking areas shall meet the following requirements:

If the required parking is provided at municipal or other parking facilities, the following requirements must be met:

The required amount of parking may be reduced at the discretion of the PAA upon showing that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that the lesser amount of parking will provide positive environmental or other benefits. The Plan Approval Authority may consider:

If one or more is applicable and the PAA determines it is in the best interest of the City, a reduction in the parking requirements can be approved.

In Sub-Zone A, any application for plan approval shall meet the requirements for the Downtown Smart Growth Overlay District.

In Sub-Zone B, any application for plan approval shall meet the regulations as set forth in § 255-146 of the Merrimack Street Gateway Renaissance Overlay District.

Applications in all other sub-zones shall meet the following:

Filing.

Circulation to Other Boards.

Hearing for By-Right (Site Plan Review - Major) or Special Permit. For a by-right (site plan review - major) or special permit, the PAA shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the City Clerk, within 120 days of the receipt of the application by the City Clerk, or within 75 days of the receipt of the application by the City Clerk in the case of a preferred project. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the City Clerk. Failure of the PAA to take action within said 120 days, or 75 days, in the case of a preferred project, or extended time, if applicable, shall be deemed to be an approval of the application and site plan.

Review for By-Right Plan (Site Plan Review - Minor). Review for by-right (site plan review - minor) shall be conducted at a regular meeting of the Planning Board.

Waivers. Except where expressly prohibited herein, upon the request of the applicant, the PAA may waive dimensional and other requirements of this article in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the WD or if the PAA finds that such waiver will allow the project to better achieve the intent and overall purposes of this article.

Special Permit Plan Approval. An application for special permit plan approval shall be reviewed for consistency with the purpose and intent of this section and shall follow the requirements as set forth in this Zoning Ordinance for approval of a special permit by the City Council.

By-Right Plan (Site Plan Review - Major) Approval.

By-Right Plan (Site Plan Review - Minor) Approval. An application for by-right (site plan review - minor) approval shall be reviewed for consistency with the purpose and intent of this § 9.3, and such plan review shall be construed as an as-of-right review and approval process. The PAA shall provide the applicant with a decision within 40 days of the receipt of the application or, in the case of a preferred project, within 25 days.

Form of Decision.

Minor Change. After either by-right or special permit plan approval, an applicant may apply to make minor changes involving minor utility or building orientation adjustments, lighting or facade adjustments, or minor adjustments to parking, landscaping, or other site details that do not affect the overall massing, final build-out or building envelope of the site and do not materially affect the open space from that shown on the previously approved site plan and do not increase the number of dwelling units in the project in the aggregate form that was provided in the original plan approval. Plans showing such minor changes and an application must be submitted to the Economic Development Director. The Economic Development Director shall make a determination as to whether the changes constitute a minor change and may authorize such changes, in writing, to the applicant. The Economic Development Director shall set forth any decision to approve or deny such minor changes, in writing, within 30 days after the applicant has filed its application and shall provide a copy of its decision to the applicant for filing with the City Clerk.

Major Change. Those changes deemed by the Economic Development Director to constitute a major change because of the nature of the change in relation to the prior approved plan or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for by-right (site plan review - major) approval or special permit plan approval pursuant to this article.

RMDs may be permitted in the MMOD pursuant to a special permit.

RMDs may not be located within 500 linear feet of the following:

The distance requirement may be reduced by 25% or less, but only if:

A copy of its registration as a RMD from the Massachusetts Department of Public Health (DPH);

A detailed floor plan of the premises of the proposed RMD that identifies the square footage available and describes the functional areas of the RMD, including areas for any preparation of MIPs;

Detailed plans that include the following information:

A description of the security measures, including employee security policies, approved by DPH for the RMD;

A copy of the emergency procedures approved by DPH for the RMD;

A copy of the policies and procedures for patient or personal caregiver home delivery approved by DPH for the RMD;

A copy of the policies and procedures for the transfer, acquisition, or sale of marijuana between RMDs approved by DPH;

A copy of proposed waste disposal procedures; and

A description of any waivers from DPH regulations issued for the RMD.

Referral. The SPGA shall refer copies of the application to the Building Department, Fire Department, Police Department, Board of Health, the Conservation Commission, the Department of Public Works, and the Planning Board. These boards/departments shall review the application and shall submit their written recommendations. Failure to make recommendations within 35 days of referral of the application shall be deemed lack of opposition.

Action. After notice and public hearing and consideration of application materials, consultant reviews, public comments, and the recommendations of other City boards and departments, the SPGA may act upon such a permit.

Hours of operation, including dispatch of home deliveries.

The permit holder shall file a copy of any incident report required under 105 CMR 725.110(F) with the Zoning Enforcement Officer and the SPGA within 24 hours of creation by the RMD. Such reports may be redacted as necessary to comply with any applicable state or federal laws and regulations.

The permit holder shall file a copy of any summary cease and desist order, cease and desist order, quarantine order, summary suspension order, order limiting sales, notice of a hearing, or final action issued by DPH or the Division of Administrative Law Appeals, as applicable, regarding the RMD with the Zoning Enforcement Officer and SPGA within 48 hours of receipt by the RMD.

The permit holder shall provide to the Zoning Enforcement Officer and Chief of the Police Department the name, telephone number and electronic mail address of a contact person in the event that such person needs to be contacted after regular business hours to address an urgent issue. Such contact information shall be kept updated by the permit holder.

The special permit shall lapse within five years of its issuance. If the permit holder wishes to renew the special permit, an application to renew the special permit must be submitted at least 120 days prior to the expiration of the special permit.

The special permit shall be limited to the current applicant and shall lapse if the permit holder ceases operating the RMD.

The special permit shall lapse upon the expiration or termination of the applicant's registration by DPH.

The permit holder shall notify the Zoning Enforcement Officer and SPGA, in writing, within 48 hours of the cessation of operation of the RMD or the expiration or termination of the permit holder's registration with DPH.

Promote the public health, safety, and welfare by encouraging diversity of housing opportunities;

Foster the long-term expansion of workforce and market-rate multifamily housing to bring further vitality and stability to the downtown riverfront;

Increase the production of a range of housing units to meet existing and anticipated housing needs;

Establish requirements, standards, and guidelines, and ensure predictable, prompt, fair and cost-effective development review and permitting;

Establish development standards to allow context-sensitive design and creative site planning;

Enable the City to act quickly to take advantage of available capital and technical resources to redevelop key parcels; and

Establish an anchoring redevelopment at a major gateway to downtown Haverhill, adjacent to the Bradford Bridge (also known as the "Route 125 bridge") over the Merrimack River.

Relationship to Underlying Zoning. The MSGROD is an overlay district superimposed on all underlying zoning districts, including, without limitation, any other overlay zoning district which operates to provide additional restrictions, limitations or conditions on underlying zoning. The provisions applicable to such underlying zoning district(s) shall not be applicable to a project within the MSGROD shown on a plan which was submitted pursuant to this section for such project, and such project shall instead be governed exclusively by the provisions of this section.

Mixed-use development which must provide space in the project or a phase thereof for each of: 1) at least one of the nonresidential uses listed as permitted or specially permitted below, and 2) multifamily development, which multifamily development may be provided throughout the project, or within one or more specified building(s) or phase(s) of the project consisting of only multifamily residential use. In addition, any building not immediately fronting on Merrimack Street, whether constructed as a project, as part of a project or as a phase of a project, may be used for purely multifamily residential purposes.

The following nonresidential uses:

Parking, including surface, garage-under, and structured parking (e.g., parking garages) and automobile-sharing and bicycle-sharing services, provided that such parking use and such services are either a component of a mixed-use development or are accessory to another permitted use.

Open space and recreational uses, including, without limitation, plazas, green areas and seasonal and occasional markets.

Marinas, piers, floats, boardwalks, fishing areas, and other facilities and amenities providing views of and access to the Merrimack River, including, without limitation, boat rental, charter-boat facilities and boat-sharing services.

Accessory and ancillary uses customarily incidental to any of the above permitted uses shall also be permitted, including, without limitation, day care accessory to any educational use or multifamily residential use, accessory swimming pools for use by residents, hotel or inn guests, workers or students in any mixed-use development, accessory pet care, conference and meeting facilities, and roof gardens and roof structures accessory to any multifamily residential use or any educational use.

Septic system repair facility.

Solid waste disposal facility.

Salvage yard.

Self-storage facility (other than any accessory storage units or accessory storage areas which are accessory to a permitted use such as a multifamily residential use or a retail or educational use or a performing arts use, which shall be permitted, provided the same shall be entirely located within a building and shall not be advertised or signed from the exterior of the building and shall be limited to use by project residents, tenants and occupants).

Warehousing and distribution facility.

Motor vehicle service station (fuel sales).

Motor vehicle general and body repair (provided that an accessory automobile detailing service may be provided within any parking-under structure).

Motor vehicle sales.

Motor vehicle car wash (provided that an accessory automobile detailing service may be provided within any parking-under structure).

Storage of power boats.

Uses, buildings and structures permitted under MGL c. 40A, § 3, but not otherwise specifically contemplated in this section, shall not proceed in or as part of a project or any phase of a project under this section, but shall instead proceed solely in accordance with said MGL c. 40A, § 3, and the applicable provisions of underlying zoning.

The maximum height allowable in the MSGROD shall be the lesser of 125 feet and 10 stories, or the lesser of 125 feet and 12 stories in the case of a priority project. The maximum height allowable, stated above, does not apply to mechanical equipment, elevator shafts and bulkheads, chimneys, cooling towers and other structures ordinarily carried above the roof and not ordinarily used for human habitation, regardless of height above the roof, nor to balustrades, knee walls, pergolas, shade structures, wind breaks and similar features of roof gardens, provided the same are not more than 10 feet in height above the roof. Maximum height in feet for any project and any element thereof in the MSGROD shall be measured from the mean elevation of the portion of the riverward sideline of Merrimack Street adjacent or most nearly adjacent to the project, in order to encourage parking in any project to be provided in a podium or similar parking-under structure. Maximum height in stories for any project and any element thereof in the MSGROD shall be measured starting with the first story above any parking provided in a podium or similar parking-under structure.

Except for maximum height, there are no dimensional, area or similar requirements or limits for projects in the MSGROD.

Maximum as-of-right overall multifamily residential density for a project shall be 220 dwellings per acre for a Priority project and 110 dwellings per acre for all other projects. Such density shall be determined using the entire area for any multifamily project or any mixed-use development project excluding only the footprint of any building within the project, which does not have any multifamily residential uses in such building.

Maximum floor area ratio (FAR) for any project shall be 4.0 which shall be calculated in accordance with the definition of "floor area ratio" in Section 11.0, and which, consistent with that definition, shall exclude all areas of any garage-under parking in any project.

General. The purpose of these parking requirements is to encourage the use of public transportation and to make the downtown more pedestrian friendly and bicycle friendly. Parking requirements within the MSGROD are as follows.

Minimum Off-Street Parking Space Requirements.

Shared Parking. The use of shared parking to fulfill parking demands noted above that occur at different times of day may be considered by the PAA. Minimum parking requirements above may be reduced at the discretion of the PAA for a mixed-use development that is a Priority project or, in the case of other projects, if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g., the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other PAA-approved studies). The applicant is encouraged to use the public parking facilities available in the downtown area and to lease parking in those facilities, and is permitted to use other off-site parking facilities in other locations as well.

Reduction of Parking Requirement. The required amount of parking may be reduced at the discretion of the PAA upon a showing that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits. The PAA may consider:

The design of new buildings shall encourage public and private access to and along the Merrimack River and public and private use and viewing of the Merrimack River. Projects which provide physical or visual access to the Merrimack River or create further activity on the water sheet of the Merrimack River are encouraged. Physical access to the Merrimack River could include one or more of, but not be limited to, public and/or private docks, marinas, floats, piers, wharves and fishing areas. Visual access to the Merrimack River could include one or more of, but not be limited to, public boardwalks, public plazas, seasonal outdoor seating, seasonal or occasional markets, public walking or biking trails along or in close proximity to the Merrimack River, or lateral access from Merrimack Street to such boardwalks, plazas or trails, or a view corridor where the public could view the Merrimack River.

New buildings shall be sited to establish view corridors from Merrimack Street to the River and to invite public pedestrian access to the waterfront from Merrimack Street.

New buildings are encouraged to have designs, elements or lighting features that provide a new visual gateway, landmark or iconic view for downtown Haverhill when viewed from any one or more of Merrimack Street, Bridge Street, Main Street, the Merrimack River, the south bank of the Merrimack River and/or the Bradford Bridge.

Adequate capital infrastructure for on-site municipal services shall be provided within any project, including water, sewer, and drainage.

Adequate traffic circulation shall be provided to and from the project's vehicular access points in order to maintain reasonable traffic control on Merrimack Street.

Ground floor spaces facing Merrimack Street and facing any plaza on top of any parking-under podium or other parking-under structure shall be designed to encourage a lively, urban, pedestrian-friendly atmosphere.

When dumpsters, utility meters, mechanical units and service areas cannot be located within a parking-under area or otherwise away from the street front, they shall be screened from view and shall not be located in the pedestrian right-of-way.

Lighting shall not create overspill onto adjacent properties or into the night sky.

One goal of the MSGROD is to promote new, urban design and layout in the MSGROD. Applicants shall not be required to preserve existing buildings, facades or other historic or potentially historic features or elements in the district, if any.

The perimeter dimensions of the lot; Assessor's Map, lot and block numbers; and whether any lots are to be combined as one lot for zoning purposes for the project.

All existing and proposed buildings, structures, building setbacks, parking spaces, driveway openings, distance between buildings, plan view exterior measurements of individual buildings, driveways, service areas and open areas.

Internal roads, sidewalks and parking areas (width dimensions of paving and indication of number of parking spaces).

All facilities for sewage, refuse and other waste disposal and for surface water drainage.

All proposed landscaping features, such as fences, walls, boardwalks, walks, promenades, outdoor stages, potential areas for seasonal and occasional markets, planting areas, marinas, docks, piers, floats and access points to the foregoing on the project site.

Existing major natural features, including streams, wetlands, buffer zones, regulated riverfront areas, regulated tidelands and filled tidelands areas, and all trees six inches or larger in caliper (caliper girth of the tree four feet above existing soil height at the trunk).

Scale and North arrow (minimum scale of one inch equals 40 feet unless otherwise requested by the applicant and approved by the PAA in advance).

Total site area in square footage and acres and area to be available as urban open space.

The proposed residential density in terms of dwelling units per acre and types of proposed commercial uses in terms of the respective floor area, proposed recreation areas, and number of residential units proposed by type: number of studio, one-bedroom, two-bedroom and three-bedroom units, if applicable.

Location sketch map (indicate surrounding streets and properties and any additional abutting lands owned by the applicant).

Proposed marinas, piers, floats, fishing areas, areas, if any, for potential boat rental and boat sharing services, and other amenities providing public and private access to and views of the Merrimack River, including boardwalks, promenades, adjoining urban open space included in the project and the pedestrian flows intended to link such proposed marinas, piers, floats, fishing and boating areas, etc., to such boardwalks, promenades and other land-side urban open space.

Representative elevation sketches of buildings (indicate height of building and construction material of the exterior facade).

Typical unit floor plan for residential uses. (Floor plan should be indicated for each type of unit proposed: either studio, one-bedroom, two-bedroom or more.) The area in square feet of each typical unit should be indicated.

Developer's (or its representative's) name, address and phone number.

Any other information which may include required traffic, school, and/or utilities impact study and in order to adequately evaluate the scope and potential impacts of the proposed project.

If the project should be reviewed as a Priority project, a statement to that effect and a brief statement why it qualifies to be a Priority project.

All plans and elevations presented with the application shall remain a part of the records of the PAA. The provision of the plan and the application shall be the sole responsibility of the applicant.

Filing. An applicant for plan approval shall file the application and all required submittals with the City Clerk and shall also file forthwith the required number of copies of the application form and the other required submittals as set forth above with the City Planner on behalf of the PAA, including notice of the date of filing with the City Clerk.

Circulation to Other Boards. Upon receipt of the application, the City Planner shall immediately provide copies of the application materials to the City Council, the Planning Board, Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works, Community Development, and other municipal officers, agencies or boards designated by the PAA for comment, and any such board, agency or officer shall provide any written comments, if any, within 60 days of its receipt of a copy of the plan and application for approval, or within 30 days of such receipt in the case of a Priority project. Within 20 days after receipt of the application, the City Planner shall determine, in writing, whether the project described in the application constitutes a Priority project and shall inform the applicant, the PAA and such municipal boards, agencies and officers of such determination.

Hearing. The PAA shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the City Clerk, within 120 days of the receipt of the application by the City Clerk, or within 75 days of the receipt of the application by the City Clerk in the case of a priority project. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the City Clerk. Failure of the PAA to take action within said 120 days, or said 75 days in the case of a Priority project, or extended time, if applicable, shall be deemed to be an approval of the application and plan.

Peer Review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the plan approval application. Such fees shall be held by the City in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, architects, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant.

Waivers. Except where expressly prohibited herein, upon the request of the applicant, the Plan Approval Authority may waive dimensional and other requirements of this section in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the MSGROD, or if the PAA finds that such waiver will allow the project better to achieve the intent and overall purposes of this section.

Plan Review. An application for plan approval shall be reviewed for consistency with the purpose and intent of this section, and such plan review shall be construed as an as-of-right review and approval process.

Plan Approval. Plan approval shall be granted where the PAA finds by majority vote of the members present that:

Plan Disapproval. A plan may be disapproved only where the PAA finds that:

Form of Decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the City Clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after the decision has been filed in the office of the City Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the City Clerk shall so certify on a copy of the decision. If a plan is approved by reason of the failure of the PAA to timely act, the City Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.

Minor Change. After plan approval, an applicant may apply to make minor changes involving minor utility or building orientation adjustments, lighting or facade adjustments, or minor adjustments to parking, landscaping or other site details that do not affect the overall massing, final build-out or building envelope of the site, and do not materially affect the open space, from that shown on the previously approved plan and do not increase the number of dwelling units in the project in the aggregate from that provided in the original plan approval. Such minor changes must be submitted to the PAA on so-called "bubbled" prints of the approved plan, reflecting the proposed changes, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision within 30 days after the applicant has filed its application therefor, and the PAA shall provide a copy of its decision to the applicant for filing with the City Clerk.

Major Change. Those changes deemed by the PAA to constitute a major change because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for plan approval pursuant to this section.

The provisions of the MSGROD shall be administered by the Building Commissioner, except as otherwise provided herein. Any appeal arising out of action by the PAA regarding application for plan approval shall be governed by the provisions of MGL c. 40A applicable to as-of-right projects which have been subject only to a nondiscretionary plan review not involving or requiring any special permit and shall be made to a court of competent jurisdiction as set forth in MGL c. 40A, s. 17. Any other request for enforcement or appeal arising under this section shall be governed by the applicable provisions of MGL c. 40A.

An application to the PAA for plan approval shall be governed by the applicable provisions of this chapter in effect at the time of the submission of the application, while the plan is being processed, during the pendency of any appeal, and for three years after plan approval. If an application is denied, such provisions in effect at the time of the application shall continue in effect with respect to any further application filed within two years after the date of the denial, except as the applicant may otherwise choose.

A plan approval, and any and all minor changes thereto sought by an applicant, shall remain valid and shall run with the land indefinitely, and a project shall be governed by the applicable provisions of this section in effect at the time of the submission of the original application for such original plan approval (without regard to applications for minor changes) indefinitely, provided that construction of the project covered by such plan approval has commenced within three years after the decision is issued, which time shall be extended by the time required to adjudicate any appeal from such approval and which time shall also be extended if the project proponent is actively pursuing other required permits for the project or there is other good cause for the failure to commence construction, or as may be further extended as provided in a plan approval for a multiphase project. Such commencement of construction of the first phase of a project covered by such plan approval within such three-year period, as so extended, shall constitute the timely commencement of construction of all phases of the entire project for the purposes of this section. No phase of a project shall be in violation of zoning on account of a violation of zoning solely by one or more other phases of such project. For purposes of this section, commencement of construction shall include any material expenditure of funds on site work or environmental remediation or on any slurry wall, footings or foundation for any parking garage podium under the project or under any portion or phase of the project. The PAA may impose, but shall not be required to impose, such outside time limits for the commencement of the final phase of a phased project as it sees fit, provided that the earliest date for such required commencement of such final phase shall not be earlier than seven years after the plan approval decision is issued, as extended as provided above, nor later than 15 years after the plan approval decision is issued, as extended as provided above, and further provided that any failure to meet such outside time limits shall only affect the right to construct the unbuilt phase(s) and shall not affect the previously constructed phase(s) or the respective rights of the same. In the event of a casualty affecting a building or structure which itself, or the use thereof, would be nonconforming with the provisions of this section but for the grandfathering provided by this section, such structure may be repaired, rebuilt and/or reconstructed, as necessary, provided that any such repair, rebuilding or reconstruction shall be commenced within two years after the date of such casualty, and shall thereafter be diligently and continuously prosecuted to completion. Except as provided in any one or more of the preceding sentences of this subsection, any amendment to this section shall apply to building permits applied for after the first notice of public hearing on such amendment.

The owner of a project, or applicable portion thereof, may choose to waive the benefit of the provisions of this section in writing.

No further plan approval, special permit, variance or the like shall ever be required to reconstruct a project, or portion thereof, following any casualty.

On the other hand, any alteration or extension of a project that would not conform to the then-existing provisions of this section shall require a further plan approval or deemed plan approval.

For purposes of this section, "alteration" means any construction resulting in a material change in the structural parts or height of, or number of stories or footprint of, a building, or to permit a substantially different use of such building; and "extension" means any material increase in physical size or a substantially different use.

Establish the priority project, or the MSGROD, as a development district within the meaning of MGL c. 40Q and the regulations thereunder and establish and provide district improvement financing, so called for the priority project, or the MSGROD.

Authorize tax increment financing (TIF) as allowed by MGL c. 40, §§ 59 through 60, and the regulations thereunder and authorize, to the extent allowable by law, a tax increment exemption from the portion of the real estate taxes.

Invest all or a portion of the building permit and other fees in infrastructure improvements for the priority project or the MSGROD.

Allow such other tax incentives as may be allowed by law or by Home Rule petitions allowed by the City Council and the General Court of the Commonwealth.

RC-CV Subdistrict. All campus area developments in the RC-CV subdistrict shall be subject to the dimensional requirements set forth for the applicable uses in Exhibit A.[1] In addition, the following special provisions shall apply:

RC-AC Subdistrict. All campus area developments in the RC-AC subdistrict shall be subject to the dimensional requirements for the applicable uses set forth in Exhibit A.[2] Notwithstanding the foregoing, it is understood and agreed that to the extent that campus area developments in the RC-AC subdistrict include nonconforming structures or lots, such structures or lots shall have the benefit of the provisions of this section, except that nonconforming structures in campus area developments shall not be deemed abandoned unless they have been demolished.

Minimize use of wetlands, steep slopes, floodplains and hilltops.

Preserve natural or historic features.

Maximize open space retention.

Minimize obstruction of scenic views from publicly accessible locations.

Minimize tree, vegetation and soil removal, blasting and grade changes.

Screen objectionable features from neighboring properties and roadways.

Upon issuance of the Planning Board's recommendations on the special permit application (or expiration of 35 days after receipt of such application if the Planning Board fails to make such recommendations), the applicant shall submit a definitive plan to the Planning Board as specified in the Rules and Regulations Governing the Subdivision of Land in the City of Haverhill. The Planning Board shall not take final action on such submission until expiration of the appeal period from the City Council's action on the applicant's special permit application.

In addition, in view of the public benefits provided by campus area developments including, without limitation, provision of open space and preservation and reuse of historic structures, the provisions of this chapter concerning affordable housing shall not apply to such developments.

To provide for the placement of adult use marijuana establishments in appropriate places and under specific conditions in accordance with the provisions of MGL c. 94G, Regulation of the Use and Distribution of Marijuana Not Medically Prescribed.

To minimize any adverse impacts of adult use marijuana establishments on adjacent properties, dense or concentrated residential areas, school and other places where children congregate, and other sensitive land uses.

To regulate the siting, design, placement, access, security, safety, monitoring, modification and discontinuance of adult use marijuana establishments.

To provide applicants, owners and operators with clear guidance regarding adult use marijuana establishments siting, design, placement, access, security, safety, monitoring, modification and discontinuance.

Eligible Zones. Certain groups of LMEs shall be eligible for different zoning areas designated in the attached City Engineer's Map entitled "Licensed Marijuana Establishments Overlay Zone with Street Index" dated December 7, 2018, and as amended from time to time. This map is hereby made a part of the Zoning Ordinance and is on file in the office of the City Clerk. Those zones shall be as follows:

Buffer Zone. No LME outside the Waterfront District Area (WDA) shall be located within 500 feet of the following preexisting structures or uses: any school attended by children under the age of 18, licensed child-care facility, municipally owned and operated park or recreational facilities (not including bikeways, boardwalks, pedestrian paths, or other facilities primarily used for nonvehicular modes of travel), churches or places of worship, libraries, playground or play field, or youth center.

Notification. Applicants seeking to establish an LME within the Waterfront District Area (WDA) must notify adjacent property owners, as well as any preexisting licensed child-care facility for children under the age of 18, church or place of worship, or youth center, within 300 feet of the proposed site of the initial application for a special permit.

No LME shall be located within 1/2 mile of another licensed LME. The City Council may modify or waive this requirement.

The total number of all marijuana retailers or social consumption establishments may not exceed 20% of the number of licensed package and liquor stores within the City.

In the event that the number of licensed package and liquor stores within the City decreases, a marijuana retailer or social consumption establishment, if then exceeding 20% as noted in Subsection 9.7.5.1, may remain in operation.

There shall be no restrictions on the number of any particular type of establishment permitted within the City, other than as regulated in Subsection 9.7.5.1.

The special permit granting authority for any LME shall be the City Council.

A special permit shall only be valid for use by the applicant and will become null and void upon the sale or transfer of the license of a LME or change in the location of the business.

In the event that the commonwealth's licensing authority suspends the license or registration of a marijuana establishment, the special permit shall be so suspended by the City until the matter is resolved to the satisfaction of said licensing authority.

The special permit shall be considered null and void if meaningful construction and operation has not begun within one year of obtaining said permit, as determined by the Building Inspector.

Any application for a special permit for an LME in the City of Haverhill shall not be deemed to be complete without the filing of all information required for development review under § 10.1.4.

This information shall be filed as part of the special permit application.

This information shall be filed with the City Clerk as part of the special permit application, and the Clerk shall forward the site plan package to the City departments responsible for development review for review with comments/recommendations included in a report to the City Council prior to the special permit hearing.

Outside Storage. No outside storage of marijuana, marijuana products, related supplies, or educational materials is permitted.

Visibility of Activities. All activities of any LME shall be conducted indoors.

Paraphernalia. Devices, contrivances, instruments, and paraphernalia for inhaling or otherwise consuming marijuana, including, but not limited to, rolling papers and related tools, water pipes, and vaporizers, may be lawfully sold at a marijuana retailer. No retail marijuana, marijuana products, or paraphernalia shall be displayed or kept in a retail marijuana store so as to be visible from outside of the license premises.

Hours of Operation. In no event shall marijuana retailers, social consumption establishments, or microbusinesses be open and/or operating and dispensing product between the hours of 9:00 p.m. and 9:00 a.m. and not opening before 12:00 noon on Sundays.

On-Site Consumption of Marijuana. The use, consumption, ingestion or inhalation of marijuana or marijuana products shall only be permitted at social consumption establishments and research facilities, within the confines of the building. On-site consumption is prohibited on or within the premises of any other LME.

Sale of Alcohol. LMEs are prohibited from selling alcoholic beverages.

Social Consumption Establishment. No social consumption habitat, as defined by 935 CMR 500.002, shall be allowed in the LMEOZ.

Permanent Location. Each LME and any part of its operation, including, but not limited to, cultivation, processing, packaging, and sales, shall be operated from a fixed location within a fully enclosed building. No marijuana establishment shall be permitted to operate from a moveable, mobile, or transitory location.

Lighting. Outdoor light levels shall not exceed one footcandle along property lines, nor 10 footcandles for any location on the property. Any light poles, new or existing, may not exceed 18 feet in overall height. All outdoor light fixtures must be shielded and aimed down in order to prevent light trespass onto adjacent properties. The special permit granting authority may modify this requirement if, upon recommendation by the Police, it is required for adequate safety and security.

Landscaping. The proposed site shall provide landscaping to harmonize the LME with abutting uses. Landscaping shall be provided as per the requirements of this chapter. Trees and shrubs may be clustered. Landscaping must consist of native, noninvasive plant species. The City Council may modify or waive this requirement.

Drive-Through Facilities. LMEs are prohibited from installing an on-site drive-through facility.

Fencing. Fencing may be required if determined necessary by the City Council. The location, height and type of fencing may be determined by the City Council as a condition of the special permit approval. In no instance shall barbed-wire fencing be permitted.

Waste Disposal. There shall be no outdoor storage of waste, including dumpsters, for any marijuana retailer. All waste generated shall be secured indoors, to be serviced by a professional janitorial company or medical waste company.

Ventilation. All LMEs must ventilate in a manner so as that no pesticides, insecticides, or other chemicals or products used in cultivation or processing are dispersed into the outside atmosphere. Ventilation must also ensure that no odor from marijuana processing or consumption can be detected by a person with an unimpaired and otherwise normal sense of smell at the exterior of the LME or at any adjoining use or property.

Development Review Plan. A development review plan shall be submitted that includes all information required by the City departments responsible for such review, and the following:

Security Plan. A security plan shall be submitted to ensure the safety of employees, patrons, and the public, to protect the premises from theft or other criminal activity. The security plan shall be reviewed and approved by the local Police Chief or their designee. The plan must include the following: an interior floorplan (including secured areas, windows, doors, etc.), exterior lighting, fencing (if any), gates (if any), alarms, and any other security measures requested by the Police Chief.

Traffic Study. The City Council may require a traffic study that includes an analysis of traffic generation, circulation, and off-street parking demand to determine sufficient parking and optimum configuration for site ingress and egress.

State License. A copy of the license or registration as an LME from the Massachusetts Cannabis Control Commission or documentation that demonstrates that said facility and its owner/operators qualify and are eligible to receive a certification of registration and meet all of the requirements of an LME in accordance with the regulations adopted by the Commission, as amended.

Proof of Site Control. Evidence that the applicant has site control and the right to use the site for an LME in the form of a deed, valid lease, or purchase and sale agreement or a notarized statement from the property owner certifying the applicant has firm site control.

Odor Control. The odor control plan proposed adequately provides for the ongoing safe operation of the establishment and minimizes any adverse impacts to abutting properties from odor-emitting activities to be conducted on site.

Ten-Percent Contribution. A list shall be submitted that lists all persons or entities contributing 10% or more of the initial capital to operate the LME, including capital in the form of land or buildings.

Any LME under this article shall be required to remove all material, plants, equipment, and other paraphernalia in compliance with regulations established by the Cannabis Control Commission within 30 days after the expiration or voiding of its license.

The City Council may require the marijuana establishment to fund an escrow account in an amount sufficient to adequately support the dismantling and winding down of the marijuana establishment within 60 days of final approval of the special permit.

The applicant and all licensees waive and release the City, its elected officials, employees, and agents from any liability for injuries, damages, or liabilities of any kind that result from any arrest or prosecution of the LME owners, operators, employees, clients, or customers for a violation of state or federal laws, rules, or regulations.

The applicant, in receiving approvals issued pursuant to this chapter, and all licensees, jointly and severally, if more than one, agree to indemnify, defend and hold harmless the City, its elected officials, employees, attorneys, agents, insurers and self-insurance pool against all liability, claims and demands on account of any injury, loss or damage, including, without limitation, claims arising from bodily injury, personal injury, sickness, disease, death, property loss or damage or any other loss of any kind whatsoever, arising out of or in any manner connected with the operation of the LME that is subject of the approval/license.

Any operating LME within the City shall be inspected annually by the Building Inspector, or their designee, to ensure compliance with this article and with any conditions imposed by the City Council as a condition of the special permit approval.

The first annual inspection shall be more than one year after beginning operation, but before two years of beginning operation.

At all times while a permit is in effect the licensee shall possess all required licenses.

To the extent that the state has adopted or adopts in the future any additional or stricter law or regulation governing the cultivation, manufacturing, testing or retail of marijuana or marijuana products, the additional or stricter regulation shall control the LME in the City. Compliance with any applicable state law or regulation shall be deemed an additional requirement for issuance or denial of any license under this chapter, and noncompliance with any applicable state law or regulation shall be grounds for revocation or suspension of any license issued hereunder.

Any LME may be required to demonstrate, upon demand by law enforcement officers of the City of Haverhill and/or the local licensing authority, that the source and quantity of any marijuana found upon the license premises are in full compliance with any applicable state law or regulation.

The issuance of any license pursuant to this chapter shall not be deemed to create an exception, defense or immunity to any person in regard to any potential criminal liability the person may have for the cultivation, possession, sale, distribution, or use of marijuana.

Prior to the issuance of a special permit, the LME must have entered into a host community agreement (HCA) with the City. If, upon review by the City Council, the LME is found to not be fully in compliance with the HCA, the special permit and/or the local license may be suspended or rescinded.

Promote the public health, safety, and welfare by encouraging diversity of housing opportunities;

Provide for a full range of housing choices for households of all incomes, ages, and sizes in order to meet the goal of preserving municipal character and diversity;

Increase the production of a range of housing units to meet existing and anticipated housing needs;

Provide a mechanism by which residential development can contribute directly to increasing the supply and diversity of housing;

Establish requirements, standards, and guidelines, and ensure predictable, fair and cost-effective development review and permitting;

Establish development standards to allow context-sensitive design and creative site planning; and

Enable the City to receive zoning incentive payments and/or density bonus payments in accordance with MGL Chapter 40R, 760 CMR 59.06, and MGL Chapter 40S, arising from the development of housing in the DSGOD.

Establishment. The Downtown Smart Growth Overlay District, hereinafter referred to as the DSGOD, is an overlay district having a land area of approximately 58 gross acres in size that is superimposed over the underlying zoning district applicable to a portion of the property shown on the map entitled "Downtown Smart Growth Overlay District," dated November 23, 2015 (the "DSGOD Map"). This map is hereby made a part of the Zoning Ordinance and is on file in the office of the City Clerk.

Subzones. There are hereby established five subzones within the DSGOD: High Density 220 (Subzone A); High Density 120 (Subzone B); High Density 65 (Subzone C); Multifamily 20 (Subzone D); and Townhouse (Subzone E).

Location. The location of these subzones is shown on the DSGOD Map.

Underlying Zoning. The DSGOD is an overlay district superimposed on all underlying zoning districts. When a building permit is issued for any project approved in accordance with this section, the provisions of the underlying district(s) shall no longer be applicable to the land shown on the site plan which was submitted pursuant to this section for such project.

Multifamily development in Subzones A, B, C, and D only.

Mixed-use development in all subzones; provided, however, that in Subzones A, B and C, the proportion of residential to nonresidential uses within a mixed-use development shall be as follows:

The following nonresidential uses are allowed as of right in a mixed-use development:

Marketing Plan. Prior to granting plan approval for housing within the DSGOD, an applicant for such approval must submit a narrative document and marketing plan that establishes that the proposed development of housing is appropriate for diverse populations, including individuals, households with children, households including individuals with disabilities, and the elderly. These documents in combination, to be submitted with an application for plan approval pursuant to this section, shall include details about construction related to the provision, within the development, of units that are accessible to the disabled.

Number of Affordable Housing Units. For all projects, not less than 20% of housing units constructed shall be affordable housing. For purposes of calculating the number of units of affordable housing required, any fractional unit of 0.5 or greater shall be deemed to constitute a whole unit.

Requirements. Affordable housing shall comply with the following requirements:

Design and Construction. Units of affordable housing shall be finished housing units. Units of affordable housing shall be dispersed throughout the development of which they are part and have exteriors that are equivalent in design and materials to the exteriors of other housing units in the development. The total number of bedrooms in the affordable housing shall, insofar as practicable, be proportionate to the number of bedrooms in all units in the project of which affordable housing is part.

Affordable Housing Restriction. Each unit of affordable housing shall be subject to an affordable housing restriction which is recorded with the appropriate registry of deeds or district registry of the Land Court and which contains the following:

Administering Agency. An administering agency which may be the local housing authority, or other qualified housing entity (the "administering agency") shall be designated by the PAA as the administering agency for all projects in the DSGOD. In a case where the administering agency cannot adequately carry out its administrative duties, upon certification of this fact by the PAA or by DHCD, such duties shall devolve to and thereafter be administered by a qualified housing entity designated by the PAA or, in the absence of such timely designation, by an entity designated by the DHCD. In any event, such administering agency shall ensure the following both prior to issuance of a building permit for a project within the DSGOD and on a continuing basis thereafter, as the case may be:

Housing Marketing and Selection Plan. The housing marketing and selection plan may make provision for payment by the project applicant of reasonable costs to the administering agency to develop, advertise, and maintain the list of eligible households and to monitor and enforce compliance with affordability requirements. Such payment shall not exceed 1/2% of the amount of rents of affordable rental units (payable annually) or 1% of the sale or resale prices of affordable homeownership units (payable upon each such sale or resale), as applicable.

Computation. Prior to the granting of any plan approval of a project, the applicant for such building permit must demonstrate, to the satisfaction of the administering agency, that the method by which such affordable rents or affordable purchase prices are computed shall be consistent with state or federal guidelines for affordability applicable to Haverhill.

No Waiver. Notwithstanding anything to the contrary herein, the affordability provisions in this section shall not be waived.

High Density 220 — Subzone A. The density in Subzone A shall be 220 dwellings as of right per acre. In the alternative, where an existing building is rehabilitated, the density (number of dwelling units) shall be the gross square feet contained in the existing building, minus 25%, divided by 1,200 square feet.

High Density 120 — Subzone B. The density in Subzone B shall be 120 dwellings as of right per acre. In the alternative, where an existing building is rehabilitated, the density (number of dwelling units) shall be the gross square feet contained in the existing building, minus 25%, divided by 1,200 square feet.

High Density 65 — Subzone C. The density in Subzone C shall be 65 dwellings as of right per acre. In the alternative, where an existing building is rehabilitated, the density (number of dwelling units) shall be the gross square feet contained in the existing building, minus 25%, divided by 1,200 square feet.

Multifamily 20 — Subzone D. The density in Subzone D shall be 20 dwellings as of right per acre.

Townhouse 12 — Subzone E. The density in Subzone E shall be 12 dwellings as of right per acre.

General. The purpose of these parking requirements is to encourage the use of public transportation and to make the downtown more pedestrian friendly. Parking requirements within the DSGOD are as follows.

Minimum Off-Street Parking Space Requirements.

Shared Parking. The use of shared parking to fulfill parking demands noted above that occur at different times of day may be considered by the PAA. Minimum parking requirements above may be reduced at the discretion of the PAA if the applicant can demonstrate that shared spaces will meet parking demands by using accepted methodologies (e.g., the Urban Land Institute Shared Parking Report, ITE Shared Parking Guidelines, or other approved studies). The applicant is encouraged to use the public parking facilities available in the downtown area and to lease those facilities in non-peak hours.

Reduction of Parking Requirement. The required amount of parking may be reduced at the discretion of the PAA upon a showing that the lesser amount of parking will not cause excessive congestion, endanger public safety, or that lesser amount of parking will provide positive environmental or other benefits. The PAA may consider:

The design of new buildings shall preserve existing views to the Merrimack River, and incorporate site and building design features that may help to preserve those views from public rights-of-way.

New buildings shall be sited to preserve view corridors, particularly to the Merrimack River.

Drive-in facilities shall not have driveways entering or exiting over the main frontage sidewalk.

Signs shall conform to the requirements for C districts set forth in § 6.2 of the Zoning Ordinance.

When dumpsters, utility meters, mechanical units and service areas cannot be located away from the street front, they shall be screened from view and shall not be located in the pedestrian right-of-way.

Lighting shall not create overspill onto adjacent properties or into the night sky.

High Density 220 — Subzone A: Existing structures within the High Density 220 — Subzone A are eight-plus-story mill structures. It is anticipated that housing production within Subzone A will take place entirely as redevelopment of existing buildings.

High Density 120 — Subzone B: Existing structures within the High Density 120 — Subzone B are seven-plus-story mill structures. It is anticipated that housing production within Subzone B will take place entirely as redevelopment of existing buildings.

High Density 65 — Subzone C: Existing structures within the High Density 65 — Subzone C are eight-plus-story mill structures. It is anticipated that housing production within Subzone C will take place entirely as redevelopment of existing buildings.

Multifamily 20 — Subzone D: Washington Street Design Standards.

Multifamily 20 — Subzone D: Historic District; Design Standards.

Townhouse 12 — Subzone E: This subzone is comprised of smaller scale structures than the rest of the DSGOD, and abuts single- and two-family residential areas.

The perimeter dimensions of the lot; Assessor's Map, lot and block numbers.

All existing and proposed buildings, structures, building setbacks, parking spaces, driveway openings, distance between buildings, plan view exterior measurements of individual buildings, driveways, service areas and open areas.

Internal roads, sidewalks and parking areas (width dimensions of paving and indication of number of parking spaces).

All facilities for sewage, refuse and other waste disposal and for surface water drainage.

All proposed landscaping features, such as fences, walls, planting areas and walks on the lot and tract.

Existing major natural features, including streams, wetlands and all trees six inches or larger in caliper (caliper is girth of the tree at approximately waist height).

Scale and North arrow (minimum scale of one inch equals 40 feet).

Total site area in square footage and acres and area to be set aside as public open space, if appropriate.

Percentage of lot coverage (including the percentage of the lot covered by buildings) and percentage of open space, if appropriate.

The proposed residential density in terms of dwelling units per acre and types of proposed commercial uses in terms of the respective floor area, and recreation areas, and number of units proposed by type: number of one-bedroom units, two-bedroom units, etc., if appropriate.

Location sketch map (indicate surrounding streets and properties and any additional abutting lands owned by the applicant).

Representative elevation sketches of buildings (indicate height of building and construction material of the exterior facade).

Typical unit floor plan for residential uses. (Floor plan should be indicated for each type of unit proposed: either one bedroom, two bedrooms or more.) The area in square feet of each typical unit should be indicated.

Developer's (or his representative's) name, address and phone number.

Draft housing marketing and selection plan as required by § 9.7.8.1.

Evidence that the project complies with the cost and eligibility requirements of this section.

Project plans that demonstrate compliance with the dimensional and design requirements of this section.

A form of affordable housing restriction that satisfies the requirements of this section.

Any other information which may include required traffic, school, and/or utilities impact study and in order to adequately evaluate the scope and potential impacts of the proposed project.

Rehabilitation plan. If living quarters are to be rehabilitated, or areas to be converted into living quarters, in addition to the required site plan, nine copies of the following described plan shall be furnished:

Filing. An applicant for plan approval shall file the application and all required submittals with the City Clerk and shall also file forthwith the required number of copies of the application form and the other required submittals as set forth above with the PAA including notice of the date of filing with the City Clerk.

Circulation to Other Boards. Upon receipt of the application, the PAA shall immediately provide a copy of the application materials to the Planning Board, Board of Appeals, Board of Health, Conservation Commission, Fire Department, Police Department, Building Commissioner, Department of Public Works, Community Development, and other municipal officers, agencies or boards designated by the PAA for comment, and any such board, agency or officer shall provide any written comments within 60 days of its receipt of a copy of the plan and application for approval.

Hearing. The PAA shall hold a public hearing for which notice has been given as provided in MGL c. 40A, § 11. The decision of the PAA shall be made, and a written notice of the decision filed with the City Clerk, within 120 days of the receipt of the application by the City Clerk. The required time limits for such action may be extended by written agreement between the applicant and the PAA, with a copy of such agreement being filed in the office of the City Clerk. Failure of the PAA to take action within said 120 days or extended time, if applicable, shall be deemed to be an approval of the application and site plan.

Peer Review. The applicant shall be required to pay for reasonable consulting fees to provide peer review of the plan approval application, pursuant to MGL c. 40R, § 11. Such fees shall be held by the City in a separate account and used only for expenses associated with the review of the application by outside consultants, including, but not limited to, attorneys, engineers, urban designers, architects, housing consultants, planners, and others. Any surplus remaining after the completion of such review, including any interest accrued, shall be returned to the applicant.

Waivers. Except where expressly prohibited herein, upon the request of the applicant, the Plan Approval Authority may waive dimensional and other requirements of this section in the interests of design flexibility and overall project quality, and upon a finding of consistency of such variation with the overall purpose and objectives of the DSGOD, or if it finds that such waiver will allow the project to achieve the density, affordability, mix of uses, and/or physical character allowable under this section.

Plan Review. An application for plan approval shall be reviewed for consistency with the purpose and intent of this article, and such plan review shall be construed as an as-of-right review and approval process as required by and in accordance with the Enabling Laws.

Plan Approval. Plan approval shall be granted where the PAA finds by majority vote of the members present that:

Plan Disapproval. A site plan may be disapproved only where the PAA finds that:

Form of Decision. The PAA shall issue to the applicant a copy of its decision containing the name and address of the owner, identifying the land affected, and the plans that were the subject of the decision, and certifying that a copy of the decision has been filed with the City Clerk and that all plans referred to in the decision are on file with the PAA. If 20 days have elapsed after the decision has been filed in the office of the City Clerk without an appeal having been filed or if such appeal, having been filed, is dismissed or denied, the City Clerk shall so certify on a copy of the decision. If a plan is approved by reason of the failure of the PAA to timely act, the City Clerk shall make such certification on a copy of the application. A copy of the decision or application bearing such certification shall be recorded in the registry of deeds for the county and district in which the land is located and indexed in the grantor index under the name of the owner of record or recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the applicant.

Minor Change. After plan approval, an applicant may apply to make minor changes involving minor utility or building orientation adjustments, or minor adjustments to parking or other site details that do not affect the overall buildout or building envelope of the site, or provision of open space, number of housing units, or housing need or affordability features. Such minor changes must be submitted to the PAA on redlined prints of the approved plan, reflecting the proposed change, and on application forms provided by the PAA. The PAA may authorize such changes at any regularly scheduled meeting, without the need to hold a public hearing. The PAA shall set forth any decision to approve or deny such minor change by motion and written decision, and provide a copy to the applicant for filing with the City Clerk.

Major Change. Those changes deemed by the PAA to constitute a major change because of the nature of the change in relation to the prior approved plan, or because such change cannot be appropriately characterized as a minor change as described above, shall be processed by the PAA as a new application for plan approval pursuant to this section.