Minor Modifications. A. The following may be administratively authorized as minor modifications to this Agreement:
(1) Amendments to an Exhibit that are necessary for compliance with the provisions of this Agreement, the LDC, or extra-jurisdictional permitting requirements, and address technical considerations that could not reasonably be anticipated during the Planned Development approval process;
(2) (2) Have no material effect on the character of the approved PD district, the basic concept and terms of the PD Plan/Agreement. These may include, but are not limited to, the following:
a) Structural alterations that do not significantly affect the basic size, form, style, and appearance of principal structures;
b) Minor changes in the location and configuration of streets and driveways that do not adversely affect vehicular access and circulation on or off the site;
c) Minor changes in the location or configuration of buildings, parking areas, landscaping, or other site features;
d) Minor changes in the location and configuration of public infrastructure facilities that do not have a significant impact on the City’s utility and stormwater management systems;
e) Increases of five percent or less in the total number of parking spaces.
(3) Modifications of up to 20% to any of the lot dimensional requirements and associated Exhibit revisions, where such modifications are necessary to address minor Exhibit errors or unanticipated conditions that reasonably need to be addressed to ensure the development plan can be implemented, EXCEPT:
a) Modifications, such as to floor area ratios, that increase intensity or density of the entire project or any phase by more than 2%;
b) Modifications that increase building height or decrease setbacks, yards, or landscaping along the perimeter of the Property by more than 10%;
c) Modifications that, when combined with previously approved minor and substantial modifications, would result in a cumulative change of more than 20% of the original requirement for the area in question; and
d) Modifications that would unduly impact City-owned public utilities.
B. Requests for minor modifications shall be submitted in writing on forms provided by the City. Requests shall be reviewed pursuant to the general technical review process described in the LDC.
C. Denial of a requested minor modification shall be issued in writing to the applicant. Upon denial, or if more than 60 days elapses after the submittal of a completed application without a decision by the C...
Minor Modifications. (a) Any Party may propose minor modifications to the HCP or this Agreement by providing notice the other Party in accordance with Section 6.7.2 of the HCP. If, for any reason, a Party objects to a proposed modification, it must be processed as an amendment of the Permit in accordance with subsection 11.2 of this section. The FWS will not propose or approve minor modifications to the HCP or this Agreement if the FWS determines that such modifications would result in operations under the HCP that are significantly different from those analyzed in connection with the original HCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original HCP, or additional Take not analyzed in connection with the original HCP.
(b) Minor modifications to the HCP and Agreement processed pursuant to this subsection may include but are not limited to the following:
(1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning;
(2) correction of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the Permit or HCP;
(3) minor changes to survey, monitoring or reporting protocols;
(4) the addition of CDFG as a reviewing, consulting, participating, or approving party for any action that could result in take of a Covered Species, or benefit a Covered Species, listed as threatened or endangered under the California Endangered Species Act; and
(5) other changes that do not result in adverse effects to Covered Species beyond that analyzed in the HCP and the associated biological opinion, and do not limit the ability of the Permittee to achieve the biological goals and objectives of the HCP.
(c) Any other modifications to the HCP or Agreement will be processed as amendments of the Permit in accordance with subsection 11.2 of this section.
Minor Modifications. This section shall apply if the System Impact Study performed pursuant to Section 1.6 above shows that minor modifications to the electric distribution system are required to enable the interconnection to be made consistent with safety, reliability and power quality standards applicable to Level 3 interconnection reviews. The Customer shall pay for the cost to procure, install, and construct, operate, maintain, repair and replace any such minor modifications. A description of the minor modifications may be found in Appendix
A. The cost of the minor modifications as described on Appendix A shall be $ . Customer shall remit payment for minor modifications prior to Rocky Mountain Power commencing the work required for the minor modifications.
Minor Modifications. Insubstantial modifications to the existing Electric Distribution System identified by PGE under a Level 2 or Level 3 interconnection, including but not limited to changing meters, fuses or relay settings, are deemed “Minor Modifications” and are listed in Attachment A with a non-binding, good faith estimate of their cost. It is in PGE’s sole discretion to decide what constitutes a Minor Modification. The Applicant will bear the costs of making such Minor Modifications as may be necessary for the interconnection.
Minor Modifications. Notwithstanding anything to the contrary stated herein, the Promoter may make such minor additions or alterations to the layout of the apartment and/or the specifications or the nature of fixtures, fittings and amenities described herein in Schedule D and Schedule E: (a) as may be expedient (subject to the threshold provided in Clause 1.7 above), or (b) as per the provisions of the Act, or (c) as may be required by competent authorities, or (d) as may be required due to change in law, or (e) as may be required due to non-availability of specified materials, or (f) as may be required due to engineering exigencies and/or to improve or protect the quality of the Project.
Minor Modifications. Minor modifications from the approved permits or the exhibits attached hereto may be approved in accordance with the City Code, and shall not require an amendment to this Agreement.
Minor Modifications. Because this Agreement constitutes the plan for certain planned unit development under the Zoning Regulations, minor modifications to a site plan or to development provisions may be made without a public hearing or amendment to applicable ordinances. Any requirement of this Agreement requiring consent or approval of one of the Owners of a portion of the Property shall not require amendment of this Agreement unless the text expressly requires amendment, and such approval or consent shall be in writing and signed by the affected parties. Wherever said consent or approval is required, the same shall not be unreasonably withheld.
Minor Modifications. Notwithstanding anything in the Agreement to the contrary, modifications to the Equipment with like-kind or similar Equipment shall be subject to permitting required under applicable Laws, but shall not be subject to written approval of the Licensor under the Colorado Springs Municipal Code including the Colorado Springs Land Development Code. If review is not required by the City Municipal Code, then Licensee may make modifications that otherwise comply with the terms of this Agreement without further review, provided that: (i) such modification to the Equipment involves only substitution of internal components, and does not result in any change to the external appearance, dimensions, or weight of the Equipment, or loading impacts on the pole as approved by Licensor or impact multi- modal traffic flow; or (ii) such modification involves replacement of the Equipment with Equipment that is the same, or smaller in weight and dimensions as the approved Equipment and does not impact multi-modal traffic flow.
Minor Modifications. The Parties acknowledge that refinement and further implementation of the Project may demonstrate that certain minor changes may be appropriate with respect to the details and performance of the Parties under this Agreement. The Parties desire to retain a certain degree of flexibility with respect to the details of the Project and with respect to those items covered in the general terms of this Agreement. If and when the Parties find that clarifications, minor changes, or minor adjustments are necessary or appropriate and do not constitute an Amendment under Section 12.2.1, they shall effectuate such clarifications, minor changes or minor adjustments through a written Minor Modification approved in writing by the Developer and Town Manager. Unless otherwise required by law, no such Minor Modification shall require prior notice or hearing.
Minor Modifications. (a) Any party may propose minor modifications to the SLCHCP or this Agreement by providing notice to all other Parties. Such notice shall include a statement of the reason for the proposed modification and an analysis of its environmental effects, including its effects on operations under and implementation of the SLCHCP and on the Covered Species. The Parties will use best efforts to respond to proposed modifications within 60 days of receipt of such notice. Proposed modifications will become effective upon all other Parties' written approval. If, for any reason, a receiving Party objects to a proposed modification, it must be processed as an amendment of the permit in accordance with subsection 13.2 herein. The USFWS will not propose or approve minor modifications to the SLCHCP or this Agreement if the USFWS determines that such modifications would result in operations under and implementation of the SLCHCP that are significantly different from those analyzed in connection with the original SLCHCP, adverse effects on the environment that are new or significantly different from those analyzed in connection with the original SLCHCP, or additional take not analyzed in connection with the original SLCHCP.
(b) Minor modifications to the SLCHCP and IA processed pursuant to this subsection may include but are not limited to the following:
(1) corrections of typographic, grammatical, and similar editing errors that do not change the intended meaning;
(2) corrections of any maps or exhibits to correct errors in mapping or to reflect previously approved changes in the permits or SLCHCP;
(3) correction of land ownership and/or land boundaries;
(4) correction of acres of suitable and potential habitat for southwestern willow flycatcher along the Meadow Valley Wash within the Covered Lands pursuant to the SLCHCP. Any upward adjustments to the amount of suitable habitat available in the Meadow Valley Wash does not result in an increase of acreage of suitable habitat authorized to be removed within the term of the permits without a corresponding amendment to the take authorization;
(5) inclusion of new non-Federal lands if they leave Federal ownership through public land disposal or other means and have gone through a Section 7 consultation with the USFWS within the SLCHCP Covered Area. This includes new parcels, new and expanded rights-of-ways, and the like. For example, inclusion of new land with very low to low desert tortoise densities proximate to existing develop...
