3.6 Site Plan Review
Amended
May 21, 1990 Article 9
May 20, 2002 Article 34
A. Purpose
The purpose of the Site Plan Review By-law hereby established is to protect the safety, public health, convenience and general welfare of the inhabitants of the town by ensuring that the design and layout of certain developments permitted by right or by special permit will constitute suitable developments and will not result in a detriment to the neighborhood or the environment.
B. Scope - Projects Requiring Site Plan Review:
1) New construction or exterior expansion of any non-residential building or multi-family dwelling containing more than four (4) units. "Expansion" shall include a floor space increase of 5,000 square feet, or a floor space increase of 25% or more within any ten (10) year period, whichever is less.
Amended
Feb 24, 1992 Article 8
Oct 21, 1996 Article 15
Oct 18, 1999 Article 25
2) The construction or enlargement of any multi-family dwelling containing more than four (4) units, or buildings accessory to such dwellings, including such dwellings on contiguous lots under the same ownership.
3) The construction, rehabilitation, or change of use of a building involving fifteen (15) or more parking spaces.
4) The construction or renovation of parking facilities involving fifteen (15) or more spaces, with the exception of normal maintenance.
5) Any use designated "SPR" in Section 3.2, "Schedule of Use Regulations".
C. Procedure:
1) Preliminary Site Plan:
A Preliminary Plan may be submitted to the Planning Board and any waivers concerning the required content may be requested at this time. The Planning Board shall act on any waiver requests submitted with the Preliminary Plan within thirty (30) days.
2) Submittal of Site Plan:
a) An applicant for a Site Plan Review under this section shall file with the Planning Board twelve (12) copies of the site plan (drawn at a scale of 1" = 20', or other approved scale) accompanied by a completed Site Plan Review Application, all fees, and a list of abutting property owners. The date of filing with the Town Clerk shall be the official filing date.
b) The Planning Board will distribute copies of the plan to the following municipal departments, boards and commissions for review and comment:
c) Said departments, boards and commissions shall have thirty (30) days to submit recommendations/comments in writing to the Planning Board. Failure to report within the allotted time shall be interpreted as approval of the submitted site plan.
Planning Board |
Water Department |
Town Clerk |
Board of Health |
Building Inspector |
Fire Department |
Police Department |
Conservation Commission |
Review Engineer |
Sewer Department |
Superintendent of Streets and Parks |
Municipal Lighting Plant |
d) The Planning Board is authorized to retain a registered professional engineer or other professional consultant to advise the Board on any or all aspects of the site plan. Site plan applicants shall pay all review fees before the site plan review process shall begin. Any portion of the fee not used shall be returned to the applicant.
e) Site plan applicants shall submit application and review fees in accordance with the Planning Board's Site Plan Review Fee Schedule.
f) Site plans depicting roadways, utilities, bridges, culverts, or drainage shall be prepared and stamped by a registered professional engineer licensed in Massachusetts. In specific cases, the Board may waive this requirement when deemed appropriate.
3 Public Hearing on Site Plans:
The Planning Board shall hold a public hearing within sixty-five (65) days of the receipt of an application and shall take final action within ninety (90) days from the time of the hearing, as provided for in MGL Chapter 40A, Sections 9 and 11. The Planning Board's final action, rendered in writing, shall consist of either:
a) Approval of the site plan based upon determination that the proposed plan will constitute a suitable development and is in compliance with the standards set forth in this by-law; or
b) Disapproval of the site plan based upon a determination that the proposed plan does not meet the standards set forth in this by-law; or
c) Approval of the site plan subject to any condition, modification or restriction required by the Planning Board which will ensure that the project meets the standards set forth in this by-law.
Failure of the Board to take final action upon an application for site plan review within the time specified above shall be deemed to be approval of said application. Upon issuance by the Town Clerk of an appropriate certification that the allowed time has passed without Planning Board action, the required building permits may be issued.
D. Site Plan Contents and Submission Materials
1) Site Plan Contents:
The purpose of this plan is to provide general information on the site, its existing conditions, and to illustrate and fully explain the proposed changes taking place within the site. All submitted site plans shall depict the following information:
a) Names, addresses, and telephone numbers of the owner, applicant, and person(s) or firm(s) preparing the plan.
b) Title, date, north arrow, names of abutters, and scale.
c) A vicinity sketch showing the Zoning District(s) and the location of the land/site in relation to the surrounding public street system and other pertinent location features within a distance of 1,000-feet.
d) Natural features including watercourses and water bodies, tree lines, significant trees, and other significant vegetative cover, topographic features, soil properties, and any other environmental features of the landscape that are important to the site design process.
e) Existing and proposed contours at intervals of 2-feet with spot elevations provided when needed.
f) Surveyed property lines including angles and bearings, distances, monument locations, and size of the entire parcel. A professional land surveyor licensed in Massachusetts must attest to said plan.
g) Lines of existing abutting streets and driveway locations within 200-feet of the site.
h) Location, elevation, and layout of existing and proposed storm drainage systems including catch basins and other surface drainage features.
i) Shape, size, height, location, and use of all existing and proposed structures on the site and approximate location of structures within 200-feet of the site.
j) Location of all existing and proposed easements, rights-of-way, and other encumbrances.
k) All floodplain information, including the contours of the 100-year flood elevation based upon the most recent Flood Insurance Rate Map for West Boylston, or as calculated by a professional engineer for unmapped areas.
l) Shape, size, height, and location of all proposed structures, including expansion of existing structures on the site and first floor plan(s), and building elevation(s) of the proposed structure(s).
m) Location, flow, volume and timing patterns of existing and proposed traffic.
n) Location, width, curbing and paving of all existing and proposed streets, rights-of-way, easements, alleys, driveways, sidewalks and other public ways.
o) Location, size, and layout of all existing and proposed off-street parking, including loading zones. The plan shall indicate the calculations used to determine the number of parking spaces required and provided.
p) Size and location of all existing and proposed public and private utilities, including but not limited to: water lines, sewage disposal facilities, gas lines, power lines, telephone lines, cable lines, fire alarm connection, and other utilities.
q) Location, type, and size of all existing and proposed landscaping, screening, green space, and open space areas.
r) Location and type of all existing and proposed on-site lighting including the proposed cone(s) of illumination to a measurement of 0.5 foot-candle.
s) Location, size, and exterior design of all existing and proposed signs to be located on-site.
t) Type and location of all existing and proposed solid waste disposal facilities and accompanying screening.
u) Location of all existing and proposed on-site snow storage areas.
v) A signature block for Planning Board approval.
2 Additional Submission Materials:
a) The applicant shall submit such material as may be required to ensure the proposed development will not pollute surface or ground water, cause soil erosion, increase runoff, change ground water levels, nor increase flooding during or after construction.
b) The applicant shall submit such materials as may be required regarding design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets, and to screen objectionable features from neighbors.
c) The applicant shall submit such materials as may be required regarding the projected traffic flow patterns into and upon the site for both vehicles and pedestrians and an estimate of the projected number of motor vehicle trips to and from the site for an average day and for peak hours.
E. Site Design Standards
All site plan review applicants shall adhere to the following general principles when designing a site plan for land within the Town of West Boylston.
1) Landscaping Within the Setbacks: Site plan applicants are required to landscape the setbacks as part of the site plan approval process. Site plan applicants are expected to maintain the landscaping approved for the site and replace any landscaping that has not fully established itself within two growing seasons, after which all failed landscaping shall be replaced. Front yard setback landscaping shall consist of street trees and low-level plantings. Landscaping within 20 feet of a driveway shall consist solely of low-level plantings such that vehicular and pedestrian sight lines are not restricted.
2) Driveways and Curb Cuts: Each property shall be limited to one entrance and one exit per street unless the Planning Board determines that the specific site conditions warrant an alternative configuration. At the main entrance, one combined entrance/exit location is encouraged to facilitate traffic movement. Unless deemed appropriate by the Planning Board, the combined entrance/exit shall be separated by a traffic island with separate in and out movements. For corner lots fronting on two public ways, the Planning Board may require the lot's exit to be located on the public way having the lesser traffic volume.
3) Service Roads/Connection of Parking Lots: To minimize turning movements onto adjacent public ways, developers are encouraged to provide internal circulation systems (service roads) that connect to adjacent developments (parking area to parking area). Site plans that propose service roads and/or connection of parking areas shall show on the plan how the connection of parking areas will be achieved and have a deeded agreement from the abutter.
4) Shared Parking: The Zoning Board of Appeals may allow a reduction of the required number of spaces in conformance with section 5.2.B.3 of this bylaw.
5) Parking and Loading Areas: All parking and loading areas shall be striped and marked on the ground as a condition of site plan approval. All off-street parking and loading spaces shall be provided with safe and convenient access and shall not be located within a public right-of-way or within required setbacks. Access locations shall be designed to encourage unimpeded traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. See Section 5.2.A.4 of the Zoning By-Laws for the Town's parking and loading standards.
6) Parking Area Landscaping: Site plans involving more than thirty (30) parking spaces shall provide interior landscaping covering not less than five percent (5%) of the total area of the parking area. In total, there shall be provided one shade tree placed within the parking lot for every ten (10) spaces and complemented by shrubs and other planting material. Such trees shall be at least two (2) inches in trunk diameter at the time of planting, and shall be located in planting beds at least six feet (6') in width or diameter. In case it can be shown to the Planning Board that the planting of trees is impractical, the Planning Board may authorize plantings and shrubbery instead of trees.
7) Interior Walkways and Pedestrian Paths: Site plans involving more than thirty (30) parking spaces shall provide walkways and pedestrian paths that safely connect the parking areas to the principal uses they will serve. Such walkways shall be constructed with brick, decorative pavers, or other materials, and may be bordered with fencing or shrubbery to clearly separate pedestrians from automobile traffic. Facilities and access routes for deliveries, service and maintenance shall be separated, where practical, from public access routes and parking areas. Car stops shall be provided to prevent parked cars from damaging trees, shrubs and curbing, and shall not disrupt pedestrian walkways.
8) Stormwater Management (Grading and Drainage): All site plan applicants must submit drainage calculations to show compliance with DEP (Department of Environmental Protection) Stormwater Guidelines.
9) Lighting: All exterior lights shall be designed and installed in such a manner as to prevent objectionable light at (and glare across) the property lines. Externally lit signs, display, building and aesthetic lighting must be lit from the top and shine downward. Each outdoor luminaire shall be a full cutoff luminaire, and the use of decorative luminaires with full cutoff optics is desired. A full cutoff luminaire is an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture is projected below the horizontal plane. Developments shall eliminate glare onto adjacent properties through the use of lighting shields, earthen berms, or retention of existing
natural vegetation. All outdoor lighting fixtures, including display lighting, shall be turned off within one hour after close-of-business, unless needed for safety or security, in which case the lighting shall be reduced to the minimum level necessary.
F. Standards for Site Plan Review:
In reviewing a site plan application, the Planning Board shall take the following items into consideration:
1) Compliance with all applicable provisions of the West Boylston Zoning By-Laws and Subdivision Regulations.
2) Traffic safety and ease of access at street and highway entrances and exits, taking into account grades, sight distances, distance between such exits and entrances, and the proximity of existing street and driveway entrances.
3) Safety and adequacy of driveway layout and pedestrian walkways; off-street parking areas; off-street loading areas for materials and products; adequate access for service and emergency vehicles such as electricity, gas, fuel, telephone, laundry, rubbish removal, water, sewage, fire, police, ambulance and other routine emergency vehicles.
4) Safe and adequate means of disposal of sewage, garbage and rubbish.
5) Safe and adequate water supply and distribution; including sufficient water and facilities for fire fighting on the site.
6) Safe and adequate storm drainage consistent with building and surface coverage, grades, slopes, soils and water table which shall result in zero increase in the rate of runoff from the site, as measured by the 2-Year (24-hour) and 10-Year (24-hour) Storm Event Standards; and there will be no negative impacts to downstream property-owners in a 100-year (24-hour) storm event.
7) Prevention of soil erosion during and after construction; provisions for an increase in the volume of runoff of surface water from the site and the protection of adjacent areas against detrimental or offensive uses on the site by the provision of adequate buffers against light, sight, sound, dust and vibrations.
8) Open space provisions and landscaping, including the maximum retention of on-site natural features.
9) Placement of underground utilities, night lighting and signs.
10) Compatibility of soil and subsoil's to type and intensity of development.
G. Modifications to an Approved Site Plan:
Once a site plan has been approved by the Planning Board, said plan shall not be changed, amended or modified without approval of the Board. There shall be only one final site plan in effect for a parcel of land at a time.
H. Construction of an Approved Site Plan:
1) Construction on a site with an approved site plan must be started within one (1) year from the date of the Planning Board's approval of the site plan. Site plan approval may be extended for one (1) year at the discretion of the Board after receipt of a written request from the landowner, showing good cause. If one year has elapsed from the date of approval; and no extensions have been granted; or if one year has elapsed since the granting of said extension; the final site plan approval shall become null and void without requiring any further action by the Planning Board. This time period shall not include delays resulting from litigation.
2) No permit to build, alter or expand any building or structure, or change of use requiring Site Plan Review under this by-law shall be issued by the Building Inspector; nor shall any construction commence before a written statement of Final Approval has been issued by the Planning Board.
3) The Building Inspector may inspect a site under construction for compliance with the approved site plan.
I. Enforcement:
1) It shall be the duty of the Building Inspector to administer and enforce the provisions of this by-law.
2) The Planning Board shall provide a schedule of inspection fees to be paid by the applicant prior to the start of construction.
3) The Planning Board may use inspection fees paid by the applicant to offset the cost of hiring any additional engineers or inspectors necessary to monitor all phases of construction covered by an approved site plan.
4) The Planning Board may suspend its site plan approval when work is not performed as required by the approved site plan.
5) "As Built" plans, certified by a registered professional and noting any change from the approved plan, shall be filed with the Building Inspector and the Planning Board before a Certificate of Completion shall be issued.
6) The Building Inspector shall issue a Certificate of Completion when all construction has been performed and all other requirements have been met in compliance with the approved site plan. A copy of the Certificate of Completion will be filed with the Planning Board.
7) No Certificate of Occupancy shall be issued for any structure or use subject to site plan review unless a Certificate of Completion has been issued.
8) The Building Inspector may issue a Temporary Certificate of Occupancy for a period of one (1) year if the required construction has been substantially completed and the permitted uses of the development can be carried on in a safe and convenient manner.
9) Any person aggrieved by any decision of the Planning Board or Building Inspector regarding a site plan review application may appeal that decision to the Zoning Board of Appeals as provided in Article 6.2 of this by-law.
J. Rules and Regulations
1) The Planning Board may adopt such rules and regulations for carrying out its duties under this section. The Board may, where such action allowed by law, in the public interest and not inconsistent with the purpose and intent of this by-law, waive strict compliance with any requirement of this site plan review by-law or its rules and regulations.
2) The Planning Board may periodically amend or add rules and regulations relating to the procedures and administration of this site plan review by-law, by majority vote of the Board, after conducting a public hearing to receive comments on any proposed revisions. Such hearing dates shall be advertised in a newspaper of general local circulation, at least seven (7) days prior to the hearing date.
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