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