A.
The Zoning Enforcement Officer(s) shall enforce the provisions of
this chapter and the Director of Planning and Conservation (City Planner)
shall administer the provisions of this chapter. The Department of
Planning and Conservation shall keep a record of all written zoning
determinations, decisions and enforcement actions. All applications
for zoning permits or authorizations, including but not limited to
accessory business uses, site plan review, appeals, special permits,
zoning changes and variances, and all determination requests shall
be submitted to the City Planner.
(1)
No building or structure shall be erected, altered or moved
in Taunton without a written permit. No permit shall be issued unless
the plans for the building or structure and the intended use thereof
in all respects fulfill the provisions of this chapter except as may
have been specifically authorized by appeal, special permit, or variance.
A written copy of the terms governing any site plan review, variance,
appeal or special permit shall be attached to the application and
to the building permit.
(2)
Except as provided otherwise by MGL c. 40A, no permit shall
be granted for a new use of a building, structure or land and no lot
shall be built upon or otherwise put to use in violation of this chapter.
(3)
Applications for permits for building, remodeling, or altering
any structure exceeding 30,000 cubic feet shall not be deemed properly
filed unless simultaneously therewith there is submitted a complete
set of so-called "complete" drawings endorsed by an architect, professional
engineer, or land surveyor licensed to practice in the Commonwealth
of Massachusetts.
(4)
Applications for building permits shall not be accepted unless
simultaneously therewith there are submitted eight copies of the site
plan, two copies of the building plan, and two copies of the septic
system plan where applicable. All copies shall be drawn to scale as
is required in the Taunton Building Code. United States Geological
Survey (USGS) or City datum is to be used if an established benchmark
for the same is within a reasonable distance of the lot. For lots
beyond that distance, the surveyor shall establish a permanent benchmark
with the assumed datums and describe the same on the plans.[1]
B.
Violations.
(1)
Whoever violates any provisions of this chapter may be punished
by fine not exceeding $300 for each offense (Chapter 291, Acts of
1984). Each day a violation continues shall constitute a separate
offense.
(2)
Noncriminal disposition. In addition to the procedures for enforcement
as described above, the provisions of this chapter may also be enforced
by the Building Inspector by noncriminal complaint pursuant to the
provisions of MGL c. 40, § 21D. Each day on which a violation
exists shall be deemed to be a separate offense. The penalty for the
violation of any provision of this chapter shall be $50 for the first
offense, $100 for the second offense, and $300 for the third offense
and each subsequent offense.
C.
Six-month rule. Construction or operations under a building or special
permit shall conform to any subsequent amendment of this chapter unless
the use or construction is commenced within a period of six months
after issuance of the permit and, in cases involving construction,
unless such construction is continued through to completion as continuously
and expeditiously as is reasonable.
D.
Zoning determinations. The fee for a written zoning determination
or zoning compliance letter shall be $30.
A.
As provided by Massachusetts General Laws, there shall be in Taunton
a Board of Appeals for zoning matters. Such Board of Appeals shall
consist of five members and not more than two associate members, all
of whom shall be elected at the biennial City election and every second
year thereafter.
B.
Powers of the Board of Appeals.
(1)
The Board of Appeals shall have the following powers:
(a)
The Board of Appeals may authorize use variances for uses and
activities not otherwise permitted in the district in which the land
or structure is located; provided, however, that no variance allowing
the establishment of condominiums, apartments, two-family dwellings,
or row houses containing two or more dwelling units in any district
shall be granted.
(b)
To hear and decide appeals taken by any person aggrieved by
reason of his inability to obtain a permit or enforcement action from
any administrative official under the provisions of MGL c. 40A, by
the regional planning agency in whose area the City is situated, or
by any person, including an officer or board of the City of Taunton
or of an abutting city or town, aggrieved by an order or decision
of the Zoning Enforcement Officer or other administrative official
in violation of any provision of the Zoning Act, MGL c. 40A, or of
this chapter.
(c)
To hear and decide applications for special permits as provided in this chapter, subject to any general or specific rules therein contained and subject to any appropriate conditions and safeguards imposed by the Board of Appeals. See § 440-304.
(d)
To hear and decide upon appeal or upon petition with respect
to particular land or structures a variance from the terms of this
chapter where the Board of Appeals specifically finds that, owing
to circumstances relating to the soil conditions, shape or topography
of such land or structures and especially affecting such land or structures
but not affecting generally the zoning district in which they are
located, a literal enforcement of the provisions of this chapter would
involve substantial hardship, financial or otherwise, to the petitioner
or appellant and that desirable relief may be granted without substantial
detriment to the public good and without nullifying or substantially
derogating from the intent or purposes of this chapter.
(2)
The Board of Appeals shall adopt rules for the conduct of its
business and shall file a copy of said rules with the City Clerk.
(3)
On each appeal application or petition arising under this chapter
the Board of Appeals shall hold a public hearing of which notice shall
be given by publication twice in a newspaper of general circulation
in Taunton once in each of two successive weeks, the first publication
not less than 14 days before the date of such hearing, and by posting
such notice in a conspicuous place in the City Hall for a period of
not less than 14 days before the day of such hearing. The Board shall
also notify by mail, postage prepaid, the petitioner, abutters, owners
of land directly opposite on any public or private street or way,
and the owners of land within 300 feet of the property line, the Planning
Board of Taunton and the planning board of every abutting city and
town. Such notice shall be mailed to all parties as they appear on
the most recent Taunton property tax records.
The Planning Board shall have the following authority under
this chapter: to hear and decide applications for special permits
as the SPGA as provided in this chapter, subject to any general or
specific rules therein contained and subject to any appropriate conditions
and safeguards imposed by the Planning Board.
A.
Designation of SPGA. Special permits may be authorized for specific types of uses in designated districts by the special permit granting authority specified in this chapter (the Board of Appeals, the Municipal Council or the Planning Board; see § 440-502).
B.
General requirements. Special permits may only be issued after the special permit granting authority finds that the use is in harmony with the general purpose and intent of this chapter and that the specific provisions set forth within this chapter are met. For the applicable special permit authority, see § 440-502. Variance applications to waive or reduce a condition of a special permit and/or site plan review decision shall not be permissible. In addition, the requirement to file for a special permit and/or site plan review shall not be eligible or subject to an application for a variance from the Zoning Board of Appeals. The special permit granting authority may impose conditions, safeguards, and limitations on time or use of a special permit.
C.
Review by official board.
(1)
All petitions for special permits shall be submitted to and
reviewed by the Planning Board, Board of Health, Tree Warden, Fire
Department, Traffic Safety Officer, Zoning Enforcement Officer, Conservation
Commission, Department of Planning and Conservation, Department of
Economic and Community Development, and the Historic District Commission
and other municipal departments, which shall make such recommendations
as they deem appropriate and shall send copies thereof to the special
permit granting authority and to the applicant; provided, however,
that failure of any of the above to make recommendations within 35
days of receipt of the petition shall be deemed lack of opposition
thereto.[1]
(2)
No construction or ground excavating approval shall be granted
by the Planning Board or Building Department until the City's trees
are inspected by the Tree Warden, and, further, no land preparations
or land clearing is allowed until the building permit for the approved
special permit project has been issued by the Building Inspector.
A.
Special permits shall only be issued following public hearings held
within 65 days after filing of an application with the special permit
granting authority. The special permit granting authority shall make
decisions and execute final actions within 90 days of the public hearing.
In the case of the Municipal Council acting as the special permit
granting authority, the applicant shall first file an application
with the Council and shall forthwith give a copy of the application
to the City Clerk. In the case of the Zoning Board of Appeals or the
Planning Board acting as the special permit granting authority, the
applicant shall file two applications with the City Clerk and the
City Clerk shall transmit one application to the Board of Appeals
or Planning Board.
B.
Procedures. Applications for special permits shall be submitted as
follows:
(1)
This chapter shall provide for specific types of uses which
shall only be permitted in specified districts upon the issuance of
special permit. Special permits may be issued only for uses which
are in harmony with the general purpose and intent of this chapter
and shall be subject to general or specific provisions set forth therein,
and such permits may also impose conditions, safeguards, and limitations
on time and use.
(2)
The process shall be as follows:
(a)
The applicant shall submit plans that conform to the requirements of Article XV, Site Plan Review, to the City Planner who shall advise the applicant as to the pertinent sections of this chapter. The applicant shall submit the special permit application to the City Planner's office for distribution to interested departments and boards for review. The original application shall be submitted to the City Clerk's office. The special permit application shall be reviewed by the City Planner for completeness before the application is referred to the boards and departments. Plans submitted for review of completeness by the City Planner shall not constitute submittal under Massachusetts General Laws. Only when a completed application is submitted to the City Clerk will the statutory time lines begin.
(b)
After the application is accepted and the original is stamped
by the City Clerk's office, the application is referred to interested
departments. A public hearing for final approval will be set up within
the statutory time lines, pursuant to MGL c. 40A, § 9.
[Amended 4-5-2022]
C.
Performance bonds for special permit applications.
(1)
The special permit granting authority (SPGA) may require a petitioner
to post a bond guaranteeing that the petitioner will perform certain
enumerated items to be set forth in the special permit as required
by the SPGA. Such bond shall be forfeited and paid to the City of
Taunton if the petitioner fails to perform the specific items set
forth in the special permit as required by the SPGA. Each item set
forth in the special permit by the SPGA shall be assigned a specific
monetary amount to be determined as liquidated damages sufficient
in the judgment of the SPGA to compensate the City of Taunton for
damages sustained by the City of Taunton for failure of the petitioner
to perform any item set forth in the special permit subject to this
provision, the SPGA and the petitioner acknowledging that the damages
resulting from the petitioner's nonperformance of specifically promised
acts covered by the special permit in question may not be precisely
determined. The forfeiture bond shall be in the sum equal to twice
the total amount of each specific item stated in the special permit
and shall be reduced by and drawn in the amount of any such item not
completed. Amounts paid under this bond shall be deposited in the
general fund.
(2)
Any modification of the performance bond agreements shall constitute
a major change and receive approval through a public hearing from
the Municipal Council. The SPGA reserves the right to enforce that
certain bonds be in place with the City of Taunton for a period of
one year after the completion of the project. Amounts shall be determined
using current industry pricing, as determined by the Development Impact
Review Board. The bond shall only be released after the site has been
inspected and a letter of compliance is issued from the Zoning Enforcement
Officer.
D.
Special permit/site plan review fees. All applications for special
permits with the Planning Board or Municipal Council and/or site plan
review shall be made accompanied by a check made payable to the City
of Taunton in the amount as determined on the schedule below. This
fee shall be nonrefundable.
[Amended 4-5-2022]
(1)
Residential: $150 per unit (except as noted below). Multifamily
and two-family developments: base fee of $350 plus $100 per unit.
(2)
Industrial uses. Manufacturing, warehouse and outdoor areas [office portions to be calculated using Subsection D(3) below] in industrial zoning districts: minimum fee of $500.
(a)
For gross building floor area:
[1]
For the first 10,000 square feet: $0.15 per square foot.
[2]
For each additional square foot up to 20,000 square feet: $0.13.
[3]
For each additional square foot up to 50,000 square feet: $0.10.
[4]
For each additional square foot up to 100,000 square feet: $0.07.
[5]
For each additional square foot up to 200,000 square feet: $0.05.
[6]
For each square feet over 200,000 square feet: $0.02.
(3)
Nonresidential [commercial, retail, office, and other uses not within Subsection D(1) and (2) above]: minimum fee of $500.
(a)
For gross building floor area:
[1]
For the first 3,000 square feet: $0.15 per square foot.
[2]
For each additional square foot up to 5,000 square feet: $0.20.
[3]
For each additional square foot up to 7,500 square feet: $0.25.
[4]
For each additional square foot up to 15,000 square feet: $0.30.
[5]
For each additional square foot up to 25,000 square feet: $0.35.
[6]
For each additional square foot up to 35,000 square feet: $0.30.
[7]
For each additional square foot up to 45,000 square feet: $0.25.
[8]
For each additional square foot up to 55,000 square feet: $0.20.
[9]
For each additional square foot up to 75,000 square feet: $0.13.
[10]
For each additional square foot up to 100,000
square feet: $0.08.
[11]
For each additional square foot up to 500,000
square feet: $0.04.
[12]
For each square foot over 500,000 square feet:
$0.02.
(4)
(Reserved)[1]
[1]
Editor's Note: Former Subsection D(4), which provided fees
for special permit and/or site plan review modifications determined
by the Municipal Council to constitute a minor change and for departmental
site plan review modifications determined by the City Planner to constitute
a minor change, was repealed 4-5-2022.
(5)
Special permit and/or site plan review modifications, for all
projects: 10% of the fee for the project calculated using the current
fee schedule with a minimum fee of $500.
[Amended 4-5-2022]
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*
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In those instances, relative to Subsection D(4) and (5) above, where modifications constitute an increase in the number of units or an increase in the gross building floor area and/or outdoor areas for storage, display** and/or intensive uses*** the fee shall be calculated using Subsection D(1), (2) and (3) above, except for the base fee.
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**
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Outdoor display areas shall include areas used for the display
of motor vehicles and other craft, farm and other machinery, as well
as other items available for customer inspection related to wholesale
and/or retail sales and rental; however, shall not be limited to such
upon the determination of the City Planner.
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***
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Outdoor intensive uses shall include such uses as miniature
and novelty golf courses, driving ranges, go-cart tracks, water and
amusement parks, outdoor seating and lounge areas of restaurants and
bars, and other outdoor areas used for assemblage, storage, processing,
manufacture and/or maintenance; however, shall not be limited to such
upon the determination of the City Planner.
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A.
In order to ensure that an individual who is constructing or altering
a building or building lot does so in compliance with local zoning
requirements and sewage or other Sanitary Code requirements and in
compliance with wetlands and other environmental regulations in effect
in the City of Taunton, each application for a permit to build, alter,
raze or move a building structure along with the typical plot plan
and a certificate of taxes paid shall be submitted for review and
approval. (See directions under Exhibit II.[1])
[1]
Editor's Note: Exhibit II is included at the end of this article.
B.
Each department, board and commission through its agent or designee
shall review and advise the applicant as to those state or local regulations
under its jurisdiction that are applicable to the activity proposed
in the building permit application and shown on the typical plot plan
and shall affix to the building permit application the agent's signature
so stating that the activity proposed in the building permit application
and shown on the typical plot plan is approved as being in compliance
with the regulations administered by that agency.
C.
Alterations and repairs to existing structures, additions to single-
and two-family units, and installations of swimming pools, utility
sheds and garages limited to two car bays shall require an accurate
plan drawn to scale showing the dimensions and location of the proposed
activity within the lot; a notation is required on the plan, signed
by the applicant, stating, "I certify that the information contained
on this plan is accurate, to the best of my knowledge," but shall
not require that the building permit application be approved by all
departments, boards and commissions in the local building permit review
process unless required by the Building Commissioner.
D.
Applicants for a building permit shall file an as-built plan with
the Building Inspector and City Engineer. The as-built plan shall
be reviewed and accepted as compliant by each department that originally
signed off on the issuance of the building permit seeking a certificate
of occupancy. The as-built shall be required prior to issuance of
a certificate of occupancy.
[Amended 4-5-2022]
E.
A copy of all permits issued relative to construction, alterations,
extensions or demolition of a building structure and related land
uses and alterations shall be posted on site in a conspicuous location.
F.
Each department head or other official in the City of Taunton whose
official duties include the review of building permits and the approval
or disapproval of the same shall designate a deputy within his or
her department who shall have full authority in the absence, for a
period of more than five days, of the department head or other official
to exercise all of the duties relative to the review and approval
or disapproval of permits.
G.
Said designation shall be in writing, which writing shall be filed
simultaneously with the City Clerk, the Municipal Council and the
Mayor's office and shall be effective for the specified time period.
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Exhibit I
Department Review Procedure
[Amended 6-6-2016; 4-5-2022]
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Prior to the issuance of the building permit, the developer
shall submit the building permit application form, plot plan, and
all necessary supporting documentation, plans or drawings to the following
City agencies for formal review and clearance:
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Step 1 - Taunton Conservation Commission
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Purpose: To review and obtain site determination of applicability
of MGL c. 131, § 40, and/or MGL c. 130, § 105,
Wetlands Act. (plot plan required)
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Step 2 - City Planner
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Purpose: To review and determine compliance with local zoning
ordinance. (plot plan required)
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Step 3 - City of Taunton Department of Public Works: City
Engineer and Water Division Superintendent
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Purpose, City Engineer: To review accuracy and completeness
of the plot plan, ensure provision of adequate site grading and access
and issue the street number. (plot plan required)
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Purpose, Water Division Superintendent: To determine the availability
of water.
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Step 4 - City of Taunton Board of Health: Health Inspector
or City of Taunton Department of Public Works; Sewer Division Superintendent
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Purpose, Health Inspector: To review and approve plans, location
of septic tank, leaching fields and/or well location, if applicable
as required by 310 CMR 15.000. Final percolation soil tests.
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Purpose, Sewer Division Superintendent: To ensure adequate tie-in
to the City sewer system.
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Step 5 - City of Taunton Fire Department: Fire Inspector
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Purpose: To approve and issue permit for fire detector and wood-burning
stoves, if applicable.
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Step 6 - City of Taunton Building Department: Building
Commissioner
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Purpose: To review an application, building permit application,
plot plan, and all documentation, plans and drawings relative to the
project. Issue the building permit.
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Note: Building permit application forms are obtained
from the Superintendent of Public Buildings.
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Exhibit II
Criteria for a Typical Plot Plan
[Amended 6-6-2016]
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The following criteria (information and data) shall be shown
in the typical plot plan for the purpose of expediting the building
permit review process:
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1.
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The typical plot plan sheet size shall be 18 inches by 24 inches
or 24 inches by 36 inches.
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2.
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Registered professional engineer's and registered land surveyor's
stamp.
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3.
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Statement respecting the datum used for all elevations (USGS
or City datum requires a permanent benchmark be established on the
site and its elevation noted on the plot plan).
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4.
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Name and address of the owner of land and deed information (book
and page in the Registry of Deeds).
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5.
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A locus indicating the general location of the lot.
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6.
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Date of the plan.
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7.
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Legend, scale and North point or compass rose. (Scale shall
be no smaller than one inch equals 40 feet and contour elevations
of two feet or less.)
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8.
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Zoning district with any special overlaying districts (local
historic district, floodplain district, municipal groundwater supply
district, etc.).
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9.
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Easements, restrictions or orders of condition (utilities, drainage,
MGL c. 131, § 40A; MGL c. 61, 61A and 61B; MGL c. 130, § 105;
MGL c. 131, § 40; MGL c. 184, §§ 1 to 33,
etc.) with the dimensions or boundaries where applicable to the plan
and reference numbers for recorded documents and plans.
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10.
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Rivers, streams, intermittent streams, brooks, creeks, lakeshore,
ponds, swamps, marshes, bogs or wet meadows including the direction
of flow or drainage and the limits of the one-hundred-year floodplain.
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11.
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Statement identifying the soils classification and/or existing
vegetative cover.
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12.
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Name of the nearest street and/or the street on which the lot
fronts including the street width.
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13.
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Approved street lines, grades and pavement width with type of
curb.
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14.
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Date of curb cut permit issuance.
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15.
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Area of lot in square feet.
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16.
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Distance from the lot corner to the nearest street.
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17.
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Dimension of side lot lines and rear lot lines.
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18.
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Front lot corners to be identified on the ground by the installation
of property markers and noted on the plan.
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19.
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Percent of lot area to be built on or paved.
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20.
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Proposed elevations of the tops of standard foundations, which
shall be a minimum of two feet above the approved center-line grade
of the street. The City Engineer may waive this requirement, if he
so deems.
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21.
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Dimensions of structures to be erected, altered or moved.
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22.
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Distance from the proposed structures to the street line.
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23.
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Distance from the proposed structures to the side lot lines
and the rear lot line.
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24.
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Location of all existing buildings and structures within the
locus.
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25.
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Location, dimensions and curb cuts for the proposed driveways
and parking areas.
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26.
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Location of existing sanitary sewers and stormwater drains together
with all appurtenances and also the size and material of construction
of these utilities.
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27.
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Location of existing water main together with the size, material
of construction, water pressure and nearest fire hydrant location.
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28.
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Location of electric utility poles.
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29.
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List the names of all abutters to the property.
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30.
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Show the proposed method for controlling stormwater surface
runoff either from or to the street during and after construction
or alteration including proposed dimensions and grades of drainage
systems.
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31.
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One-hundred-year stormwater surface runoff calculations for
all business, commercial and/or industrial lots. One-hundred-year
stormwater surface runoff for residential lots exceeding an area of
one acre.
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32.
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Location and date of the excavation of the high water table
line observation hold including soil log data and water table elevation.
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33.
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Location and depth of domestic well when applicable to the lot.
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34.
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Location and dimensions of the subsurface wastewater disposal
system and leaching fields when applicable to the lot.
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35.
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Location and date of percolation tests including percolation
rates when applicable to the lot.
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36.
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Date of issuance of special permits, variance or covenant release
under local rules and regulations or Subdivision Control Law, if applicable
to the lot.
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Note: State Environmental Code, Title 5 (310 CMR
15.000), and MGL c. 40, § 54, are followed when applicable
to the lot.
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