Town of Salisbury, MA Article XVIII Site Plan Review

[Added 5-20-1996 ATM by Art. 21; amended 5-16-2005 ATM by Art. 15; 10-26-2010 ATM by Art. 14]

§ 300-109 Intent.

This bylaw recognizes that certain developments of land, though generally suitable for location in a particular zoning district, are, because of their nature, size, complexity or other reasons of probable impact, capable of affecting the stated purposes of this bylaw, unless careful consideration is given to certain critical design elements. It is the intent of this bylaw to provide a mechanism for the review of an applicant's attention to such critical design elements within developments that are subject to review.

§ 300-110 Purpose.

The purpose of this bylaw is to protect the public health, safety, and welfare; to promote balanced growth; to protect property values; and to encourage development by providing the public and the Town with an opportunity to review and comment.

§ 300-111 Reviewing authority; major and minor projects; determination of applicability.

A. The Planning Board shall be the reviewing authority for all major and minor projects subject to site plan review.

B. A determination of the applicability of the Site Plan Review Bylaw shall rest with the Building Inspector. After a filed written request, the applicant will be notified in writing whether the proposed project requires site plan review and, if so, whether it constitutes a major or minor project. Alternatively, an applicant may request an informal/advisory determination from the Building Inspector in order to expedite the process so long as adequate plans and information are provided for the Building Inspector to make a reasonable determination. Being advisory only, such a determination will not entitle the applicant to a written opinion as to whether the proposed project requires site plan review. The following criteria shall be used to determine whether a proposed project is reviewed as a major or minor project:

[Amended 5-14-2012 ATM by Art. 15; 10-23-2017 ATM by Art. 23]

(1) Major projects.

(a) Any nonresidential construction project that includes one or more of the following is considered a major project subject to site plan approval from the Planning Board:

[1] New construction or addition of 5,000 or more square feet of gross floor area.

[2] Renovation of 5,000 or more square feet of an existing structure that creates a significant increase in impact on traffic, public infrastructure, or parking.

[3] Construction of a drive-through facility.

[4] Construction of 25 or more new or additional parking or loading spaces.

[5] More than one new attachment WCF, small cell type within a year of permit application and prior to construction.

(b) Any residential construction project consisting of more than three dwelling units on any single lot is considered a major project subject to site plan approval from the Planning Board. For purposes of clarity, any area or parcel of land or part thereof meeting the definition of " lot" in Article I, § 300-5 of the Zoning Bylaw, for which more than three dwelling units are proposed shall require site plan review.

[Amended 5-16-2022 ATM by Art. 14]

(2) Minor projects.

(a) Any nonresidential construction project that includes one or more of the following is considered a minor project subject to site plan approval from the Planning Board:

[1] New construction or addition of 2,500 or more square feet of gross floor area and less than 5,000 square feet of gross floor area.

[2] Construction of 15 or more and fewer than 25 new or additional parking or loading spaces.

[3] Newly paved areas, other than driveways, that are greater than 3,000 square feet that are not used for parking or loading.

[4] Any activity disturbing an acre or more.

[5] Reconstruction/reclamation/replacement (not overlay) of an existing paved area of an acre or more.

[6] One new attachment WCF, small cell type.

(3) Repaving. Repaving (overlay) of an existing paved area of any size is exempt from site plan review.

(4) Administrative review. Any nonresidential construction project that requires a building permit but is not included within the definition of a major or minor project is subject to administrative review by the Building Inspector in accordance with the Massachusetts State Building Code, 780 CMR Chapter 1, Section 111 (Permits).

§ 300-112 Review procedure; hearing; decision.

A. Review procedure.

(1) Any person proposing a project that is determined by the Building Inspector to require site plan review (major or minor) shall obtain an application for site plan approval. Prior to filing a site plan application, the applicant is encouraged to review the proposed site plan with the Planning Department. The purpose of this pre-filing review is to address questions in order to give the applicant advice and comments prior to submitting a site plan application and thus avoid unnecessary time and costs to the applicant due to unforeseen problems and issues.

(2) Upon filing, the applicant must submit one copy of a completed site plan application and one copy of the site plan, conforming to all requirements listed in the bylaw, to the Planning Board, in care of the Planning Department.

(3) The site plan application and plan will be date stamped by the Planning Department and reviewed for completeness. Within seven calendar days, the Planning Department will notify the applicant if the application conforms to all requirements listed in the bylaw or needs additional information. Applications which include waiver requests made for specific bylaw requirements may be deemed complete for those specific bylaw requirements. If the application is deemed incomplete by the Planning Department, the applicant may either withdraw the application without prejudice or submit one copy of a revised application. If the application is deemed complete by the Planning Department, the applicant may then file with the Planning Board, in care of the Planning Department, the completed application and the required copies of the application and plan along with the appropriate application fee according to the Planning Board Rules and Regulations and a project fee according to the Planning Board Rules and Regulations. The application will then be stamped in by the Town Clerk. The application fee will be considered nonrefundable when the application is stamped in by the Town Clerk.

(4) All Town staff comments shall be submitted to the Planning Board within 14 calendar days of receipt of a complete site plan approval application and these comments shall be available to the applicant or his representative at least 48 hours in advance of the date and time at which the application is first considered by the Planning Board at a public meeting.

(5) Major and minor project procedural differences.

(a) Major projects. A public hearing, which has been noticed according to MGL c. 40A, § 11, will be held within 30 days of the date the complete application was stamped in by the Town Clerk. The Planning Department shall send written notice by first class mail to all abutters. Legal advertisement and postage shall be paid by applicant. Final action on the major project site plan shall be taken by the Planning Board within 60 days of the date the public hearing was opened.

(b) Minor projects. The Planning Board will review the minor project site plan review application under general business at a regularly scheduled Planning Board meeting within 30 days of the date the complete application was stamped in by the Town Clerk. Final action on the site plan shall be taken by the Planning Board within 45 days of the date the application was stamped in by the Town Clerk. The Planning Department shall send written notice by first-class mail to all immediate abutters.

B. Public hearing. The public hearing for major projects, which has been noticed according to MGL c. 40A, § 11, will be held within 30 days of the date the complete application was stamped in by the Town Clerk. The Planning Department shall send written notice by first-class mail to all abutters. Legal advertisement and postage shall be paid by applicant.

C. Final action. Final action on the site plan application shall be taken by the Planning Board within 60 days of the date the public hearing was opened for major projects, and within 45 days from the date the application was stamped in by the Town Clerk for minor projects. Failure of the Planning Board to act within the above-prescribed time frame for major and minor projects shall be deemed as approval and it shall forthwith make such endorsement on said plan and, on its failure to do so, the Town Clerk shall issue a certificate to the same effect.

D. Waivers. When reviewing minor or major projects, the Planning Board may grant waivers in regards to submittal requirements listed in the Planning Board's Rules and Regulations. Such waivers may be granted for requirements that the Planning Board judges to be unnecessary, provided that the planned construction will not have a significant impact on pedestrian and vehicular traffic patterns, public services and infrastructure, both within the site and in relation to adjacent properties and streets. Said waiver requests shall be accompanied by a statement setting forth the reasons why, in the applicant's opinion, the granting of such a waiver would be in the public interest or the specific information required is irrelevant to the project, and why a waiver would be consistent with the intent and purpose of the bylaw and the regulations. The applicant should make an effort to include all waiver request(s) with the initial filing of the application so that the Planning Department may render a decision on the application's completeness. The Planning Board shall issue waiver request approvals, and likewise, waiver request denials, in writing. The waiver request decisions may be incorporated in any final site plan approval or disapproval decision. The applicant should be prepared, in the case of a waiver denial, to supply the Planning Board with the missing requirements in a timely manner.

E. Approval. The Planning Board may approve the application after finding that the proposed project is in compliance with the purpose and intent of site plan review as noted in §§ 300-109 and 300-110, and the site plan submission requirements and the site plan performance and design standards in their entirety, notwithstanding any waiver granted. One copy of the approved site plan and approval letter, signed by the Planning Board, shall be forwarded to the Building Inspector, applicant, and Town Clerk within five days of final Planning Board action.

F. Denial. The Board may deny a site plan review application that fails to furnish adequate information required by the site plan submission requirements as set forth in the Planning Board's Rules and Regulations. Further, the Board may deny a site plan where, although proper in form, the project fails to meet the site plan performance and design standards or depicts a use or structure so contrary to the health, safety, and welfare of the public in one regulated aspect or another that no reasonable condition can be imposed which would satisfy the problem. The disapproval letter shall specifically state the reasons for denial.

G. Conditions.

(1) In granting approval of an application the Board may impose reasonable conditions, limitations and safeguards that shall be in writing and shall be a part of such approval. Such conditions may include, but are not limited to:

(a) Controls on the location and type of access to the site.

(b) Requirements for off-site improvements to improve the capacity and safety of roads, intersections, pedestrian ways, water, sewer, drainage, and other public facilities which are directly necessitated by the proposed development.

(c) Donation and/or dedication of land for right-of-way to provide for roadway and/or intersection widening or improvements directly necessitated by the development.

(d) Conditions to minimize off-site impacts on traffic and environmental quality during construction.

(e) Requirements for screening parking facilities from adjoining premises or from the street by walls, fences, plantings, or other devices to mitigate adverse impacts.

(f) Conditions to mitigate adverse impacts to the neighborhood and abutters, including but not limited to adverse impacts caused by noise, dust, fumes, odors, lighting, headlight glare, hours of operation, water runoff or snow storage.

(2) The applicant, when other than the owner(s), and the owner(s) of land shall be responsible for any mitigation measures or conditions required as part of a favorable decision for issuance of site plan approval. The Planning Board shall send its decision, including all conditions and/or modifications, in writing to the Building Inspector, applicant, and Town Clerk.

H. Certificate of completion. A certificate of completion application, in a form approved by the Planning Department, shall be submitted by the applicant or owner to the Planning Department upon completion of all required improvements. The Planning Board's designated inspector shall complete a final inspection of the site within 10 calendar days of the filing of the certificate of completion application by the applicant. As a result of the approved inspections, the inspector shall submit to the Planning Department a signed certificate of completion indicating that all work has been completed to the satisfaction of the Town. If the Board's inspector signs the certificate of completion, the applicant may proceed to request a final certificate of occupancy. A certificate of completion signed by the Board's inspector officially terminates the Board's involvement in the site plan review process.

I. Occupancy permits. No occupancy permits shall be issued for any building or structure, or portion(s) thereof, until a certificate of completion indicating that all work has been completed to the satisfaction of the Town is signed by the Board's designated inspector. However, occupancy permits may be issued for a portion of any building or structure if the only incomplete work shown on the site plan is landscaping or minor site work, provided that surety is posted with the Town Clerk in an amount to be set by the Planning Board at a regular meeting. The applicant may request a waiver from this requirement. The Planning Board shall establish a deadline for completion of one year from the posting of the surety. The Planning Board may require surety to be posted for site work in addition to landscaping if an unusual or unexpected event prevents the applicant from completing the site work. This allowance is subject to the review by the Planning Board by a site inspection to insure the safety and health of those who occupy the structure and use the site. This allowance may not be used for incomplete stormwater management areas or for wetlands replication that may be required by the Conservation Commission.

§ 300-113 Time frames.

A. Five-year limitation. Active development or at least substantial progress toward implementation of the approved site plan must occur within five years or the approval becomes void. In the event that an applicant is unable to meet the requirements of this article within the requisite period, the applicant may request an extension for completion or substantial development.

B. Extensions. The Planning Board may extend approvals for an additional two-year period, such extension not to be reasonably denied. Thereafter, extensions may be granted on a year-to-year basis. A request for extension, accompanied by a schedule of completion, shall be completed by the applicant and filed with the Board in advance of its scheduling a hearing on the extension request at a regular or special Board meeting.

§ 300-114 On-site construction changes.

[Amended 10-23-2017 ATM by Art. 23]

An applicant may make limited on-site changes to an approved site plan. Said changes shall be based on unforeseen conditions, situations, or emergencies. Prior to undertaking the on-site alterations, the applicant shall submit to the Planning Department a written request detailing the proposed changes and a copy of said request shall be provided to the Planning Board. The Planning Director, or their designee, shall review the request and may approve limited on-site changes that are generally consistent with the approved site plan or require Planning Board review of the request if the proposed changes are of such a nature or magnitude that they would unreasonably compromise the basis of approval under §§ 300-109 and 300-110. The Board may review any request for on-site construction changes under general business and may either approve, modify or deny the requested on-site changes. Said request shall not be unreasonably denied. An appeal of the Planning Director’s, or their designee's, decision on a limited on-site change shall be heard by the Planning Board.

§ 300-115 Fees and costs.

An application fee shall be filed with the Planning Department at time of submission of the complete application. The application fee will be considered nonrefundable when the application is stamped as received by the Town Clerk. The Board may require special investigative studies, such as traffic impact analysis or other studies necessary to make an informed decision, and shall not include any aspects of investigative study which are redundant or duplicative to that of any other local boards or commissions. Expert services may be required by the Planning Board to review plans or documents. Please refer to the Planning Board's Rules and Regulations[1] for a project review cost estimate. The applicant shall be advised of the costs prior to the studies being performed. The fees shall be paid prior to the studies being performed and will be held in escrow. An accounting of the escrowed funds shall be provided to the applicant on a regular basis and any unused balance will be returned to the applicant.

[1] Editor's Note: See Ch. 465, Planning Board.

§ 300-116 Performance guaranty or bond.

The Board will require that the applicant file with the Board a bond, deposit of money, negotiable securities or other such surety acceptable to the Planning Board to cover costs of any construction on streets, utilities and other site improvements which, if left incomplete, could present a public hazard or nuisance. A performance agreement between the applicant and the Town will specify the manner in which the on- or off-site improvements will be completed and the specific manner in which the surety will be released.

§ 300-117 Compliance; relation to other laws.

A. The Site Plan Review Bylaw in no way relieves any applicant from compliance with the Salisbury Zoning Bylaw or any other bylaws of the Town of Salisbury, or any other state or federal laws or regulations.

B. The provisions of this article shall not supersede or replace any other provision of the Town of Salisbury Zoning Bylaw or other bylaws of the Town or any state or federal laws or regulations. In case of a conflict between any provision of this article and any provision of any other section of the Zoning Bylaw, the provisions of such other section shall govern.

§ 300-118 Adoption of rules and regulations.

A. The Planning Board may, after notice and hearing, and by a four-fifths vote of the Planning Board, adopt rules and regulations to implement the provisions of this bylaw, including but not limited to specifying the content and number of required plans, application procedures, design and development standards, and other general requirements consistent with this bylaw. The Planning Board's rules and regulations may not make any changes in dimensional controls, permitted or prohibited uses, or density limitations that are specified in any provision of the Zoning Bylaw.

B. Notwithstanding the paragraph above, the Town Manager shall appoint an ad hoc committee to draft new design and development standards for the Town. Said committee shall be composed of seven members, at least four of which shall be professional architects, civil engineers, and land use planners and one shall be a member of the Planning Board. Said committee shall consult with the Planning Department and the Building Inspector and shall recommend, by majority vote, proposed design and development standards, which shall then be presented in the form of a zoning bylaw for approval at a subsequent Town Meeting. Any such zoning bylaw, upon adoption, shall supersede Planning Board regulations addressing design and development standards for site plan review described in the first paragraph of this section.

§ 300-119 Severability.

The provisions of this article are severable and, in the event that any provision of this article is determined to be invalid for any reason, the remaining provisions shall remain in full force and effect.

§ 300-120 Appeals procedure.

[Added 10-23-2017 ATM by Art. 23]

Any decision rendered by the Planning Board pursuant to Article XVIII may be appealed by the applicant to a court of competent jurisdiction as set forth in MGL c. 40A, § 17, and no building permit specifically connected to the appeal may be issued until the appeal is resolved.