Site plan review and approval is governed by the Protective Bylaw, Chapter 125, § 125-38, Site plans, and is required for any commercial or business use and most institutional uses as described in Chapter 125, § 125-12, 125-13 and 125-14, uses subject to a special permit, driveways more than 300 feet in centerline length as described in Chapter 125, § 125-39B, other uses subject to Chapter 125, § 125-39, Site standards, or other use as provided for in the Bylaw.
A. 
A complete application for a site plan review/approval shall be submitted on the appropriate application form. This form is available at the office of the Board or on the Town of Harvard website (www.harvard-ma.us). In the case where the applicant is a person other than the record owner of the property, the applicant shall be required to submit as part of the application written certification executed by the record owner of the property that the application is submitted with the knowledge and consent of the record owner.
B. 
Seventeen copies of the application shall be submitted to the office of the Harvard Town Clerk during posted business hours. Submittals must be collated and assembled as 17 individual and complete "packages." The applicant may request and shall be entitled to a written receipt for the materials submitted. The date of filing shall be considered the date upon which the application has been delivered to or received by the Harvard Town Clerk as required in these Rules.
C. 
Upon receipt of a site plan for review/approval, a copy shall be provided to other interested Town boards, officials and departments for advice and recommendations.
D. 
Site plans shall show information in sufficient detail to allow the Board to determine compliance with the Protective Bylaw as indicated in the Protective Bylaw, Chapter 125, § 125-38D, Content, related provisions of law, and any additional requirements included in this chapter. A landscape plan shall be included with the site plan submission and meet the requirements of Chapter 125, § 125-38G.
E. 
In accordance with Chapter 125, § 125-31, any driveway more than 300 feet in centerline length shall be constructed in accordance with § 125-39B, shall not be constructed without a site plan approval and appropriate inspections by the Board's driveway inspector. Fees for such inspection, as described in the application form, shall be paid by the applicant. An occupancy permit for use of the premises is permitted only upon receipt of a written statement from the Board or its agent that the driveway has been constructed in accordance with an approved site plan and that an as-built plan has been filed with and approved by the Board or its agent.
F. 
Site plan applications for proposed development in a Commercial "C" District shall also include renderings in accordance with Protective Bylaw Chapter 125, § 125-38F.
G. 
The Board may impose conditions on the approval of a site plan. Any conditions must be furnished to the applicant in writing. Any associated building permit and a certificate of occupancy shall not be issued until such conditions have been met. Where a site plan as submitted requires revision, deficiencies shall be clearly indicated in writing to the applicant. However, the site plan approval shall not be granted until all required changes have been incorporated on a resubmitted plan.
H. 
A quorum of three members of the Board must be present for a site plan review. A majority of the quorum is necessary to grant approval of a site plan.
A public hearing is not required for site plan review or approval, although the review must be included in the Board's agenda and in any particular instance the Board may choose to solicit public comment.
A. 
Final action on a site plan review shall occur within 90 days of filing with the Town Clerk, unless such time period is extended by mutual written agreement of the Board and the applicant. Review and approval of a site plan and special permit application relative to the same property may be conducted concurrently.
B. 
Site plan approval shall expire if any work thereunder is not begun within two years after approval and diligently carried through to completion.
Any person aggrieved by the decision of the Board, whether or not previously a party to the proceeding, may appeal in accordance with Mass. General Laws.
Where site plan approval is required, the Building Inspector shall issue a building permit only on receipt of an approved site plan, and any other related approvals from other boards that might be tied to a site plan approval shall be conditional upon an approved site plan. A certificate of occupancy shall not be issued until all improvements required by an approved site plan have been provided.