A.
Title: Site Plan Review Regulations of the Town of
North Reading.
B.
Purpose. These regulations of the Community Planning
Commission of the Town of North Reading, Massachusetts, are hereby
adopted for the following purposes:
(1)
Imposing regulations, prohibitions and restrictions
for the promotion of health, safety, morals, convenience, aesthetics
and welfare; establishing standards of performance and design; defining
the powers and duties of the Community Planning Commission; describing
procedures; describing penalties for violations of said regulations.
(2)
In their interpretation and application, the provisions
of these regulations shall be held to be minimum requirements adopted
for the promotion of a Comprehensive Plan for the protection of the
citizens of North Reading.
(3)
The purpose of these regulations is to allow for review
of all aspects of any proposal and future development of a commercial,
industrial or mixed-use nature including, but not limited to, present
and projected growth of the town, site planning and the relationship
of the development to the surrounding environment and the community.
The Community Planning Commission recognizes the interdependence of
land values, aesthetics and good site planning by promoting harmonious,
safe, attractive and compatible development, that is therefore considered
to be in the best interest of health, safety and general welfare.
A.
Planning Commission responsibilities.
(1)
The Community Planning Commission is charged with
the responsibility of interpretation and enforcement of these regulations.
Interpretation of the regulations include, but is not limited to,
clarification of intention, determination of classifications of land
uses not specified in these regulations and the delegation of processing
procedures and requirements.
(2)
There is hereby established the position of Site Plan
Administrator who shall be the North Reading Planning Administrator
and who shall act as the Community Planning Commission's authorized
representative in the daily performance of these responsibilities.
B.
The enforcement of the provisions of these regulations
shall be the duty of the Building Inspector or his authorized representative
at the request of the Community Planning Commission.
C.
Project review fees; reimbursement to town.
(1)
When reviewing an application for, or when conducting
inspections in relation to site plan review under the provisions of
the North Reading Zoning Bylaws,[1] the Community Planning Commission may determine that the
assistance of outside consultants is warranted due to the size, scale
or complexity of a proposed project, because of a project's potential
impacts, or because the town lacks the necessary expertise to perform
the work related to a site plan review under the provisions of the
North Reading Zoning Bylaws. The Community Planning Commission may
require that applicants pay a "project review fee" consisting of the
reasonable costs incurred by the Community Planning Commission for
the employment of outside consultants engaged by the Community Planning
Commission to assist in the review of a proposed project.
(2)
In hiring outside consultants, the Community Planning
Commission may engage engineers, planners, lawyers, urban designers
or other appropriate professionals who can assist the Community Planning
Commission in analyzing a project to ensure compliance with all relevant
laws, ordinances/bylaws, and regulations. Such assistance may include,
but not be limited to, analyzing an application, monitoring or inspecting
a project or site for compliance with the Community Planning Commission's
decision or regulations, or inspecting a project during construction
or implementation.
(3)
Prior to any expense being incurred, which would be
chargeable to the developer, the Community Planning Commission shall
provide the developer with an estimate of the expected costs. The
developer shall deposit, with the town, a cash amount equal to 1/3
the total estimated cost of review and inspection of the proposal.
(4)
Funds received by the Community Planning Commission
pursuant to this section shall be deposited with the Municipal Treasurer
who shall establish a special account for this purpose. Expenditures
from this special account may be made at the discretion of the Community
Planning Commission without further appropriation. Expenditures from
this special account shall be made only for services rendered in connection
with a specific project or projects for which a project review fee
has been or will be collected from the applicant. Accrued interest
may also be spent for this purpose. These funds will be disbursed
by the Community Planning Commission to the reviewing/inspecting party
until expended. At that time the developer shall deposit a second
amount equal to 1/3 the total estimated cost upon being so directed
by the Community Planning Commission. These funds will be disbursed
as before until expended. The developer shall then deposit a third
amount equal to 1/3 the total estimated cost upon being directed by
the Community Planning Commission to do so. These funds will be disbursed
by the Community Planning Commission as before.
(5)
Upon completion of all review and inspection services,
the Community Planning Commission shall examine all records to ensure
that all payments have been made. In the case of an estimate being
too low the developer shall make a final deposit to the town in the
amount of the shortfall. In the case of an estimate being too high
the Community Planning Commission shall refund to the developer any
unused funds. The failure of the developer to provide funds for all
outstanding costs shall be cause for denial of the proposal. A final
report of said account shall be made available to the applicant or
the applicant's successor in interest. For the purpose of this regulation,
any person or entity claiming to be an applicant's successor in interest
shall provide the Community Planning Commission with documentation
establishing such succession in interest.
(6)
Any applicant may make an administrative appeal from
the selection of the outside consultant to the Board of Selectmen.
Such appeal must be made in writing and must be made within 20 days
after the Community Planning Commission has mailed or hand-delivered
notice to the applicant of the selection. The grounds for such an
appeal shall be limited to claims that the consultant selected has
a conflict of interest or does not possess the minimum, required qualifications.
The minimum qualifications shall consist either of an educational
degree in, or related to, the field at issue or three or more years
of practice in the field at issue or a related field. The required
time limit for action upon an application by the Community Planning
Commission shall be extended by the duration of the administrative
appeal. In the event that no decision is made by the Board of Selectmen
within 30 days following the filing of the appeal, the selection made
by the Community Planning Commission shall stand.
A.
Applications for site plan approvals shall be made
in the office of the Community Planning Department on the proper application
forms provided by the Community Planning Department.
B.
All requests for approval shall be accompanied by
the following:
(1)
Location map. A map drawn to scale, at least 8 1/2
inches by 11 inches, showing the dimensions of the property and its
location within the Town of North Reading.
(2)
Vicinity ownership map. A map drawn to scale, at least 8 1/2 inches by 11 inches, showing all parcels in the vicinity adjacent to and surrounding the property described in Subsection B(1) above, within a radius of 300 feet from the exterior boundaries of the subject property. Each such parcel shall be designated by number to correspond with the abutter list described next below.
(3)
Abutter list. A list of all property owners, who are
"parties in interest." Parties in interest are: the petitioner, all
direct abutters, all owners of land directly opposite on any public
or private way and abutters to the abutters within 300 feet of the
petitioner's perimeter. This list is compiled and certified in the
North Reading Assessor's office.
(4)
Legal description. An accurate description of the
perimeter boundaries of the subject parcel(s).
(5)
Letter of explanation. A letter explaining the nature
and intent of the proposed development and reasons justifying the
request. References to effects produced by the request upon surrounding
neighborhoods and the town at large should be included.
(6)
Additional materials. Extra development plans, elevations,
traffic impact analyses, environmental impact analyses, hazardous
waste studies or any other supporting documentation the Community
Planning Commission deems necessary for the purposes of making an
informed decision may be required by the Community Planning Commission.
Any such materials shall be procured and submitted prior to the Community
Planning Commission's final decision. All costs related to any additional
submittal material shall be borne by the applicant.
(8)
Fee. Cash or check payable to the Town of North Reading
in accordance with the fee schedule in effect at the time of this
application.
(9)
Application for waiver of site plan regulation. If
the applicant desires a waiver of one or more of these regulations
a request for such waiver must be submitted in writing prior to the
Community Planning Commission making a final decision. Any request
for waiver not so submitted will not be considered.
