The purpose of this section is to provide a
comprehensive review procedure for construction projects which will
have significant impacts on the City, herein defined, to ensure compliance
with the goals and objectives of the City, and the provisions of this
chapter, to minimize adverse impacts of such development, and to promote
development which is harmonious with surrounding areas; in particular
to assure proper drainage, safe access, safe and efficient vehicular
and pedestrian movement, adequate parking and loading spaces, public
convenience and safety and adequate consideration of abutting land
owners.
No building permit, zoning permit, or special
permit shall be issued for the following intermediate projects prior
to the review and approval of a site plan in accordance with this
section:
A.
Projects which involve new construction or additions
of between 2,000 square feet and 5,000 square feet of gross floor
area (excluding single-family dwellings, expansions in the CB District
that do not involve footprint expansions, and projects used exclusively
for agriculture, horticulture or floriculture).
B.
Projects for which this chapter requires the provision
of six to nine additional parking places.
C.
Projects which require a special permit and which are not otherwise intermediate or major projects except that, notwithstanding any of the requirements of § 350-10.12, the following projects do not require site plan approval: accessory apartments (§§ 350-5.2 and 350-10.10), accessory structures (§§ 350-5.2 and 350-6.7), accessory uses (§§ 350-5.2 and 350-5.3), historic association and nonprofit museum (§§ 350-5.2), home business (§ 350-5.2 and 350-10.12) and signs (§ 350-7) of this chapter.
D.
Any project that is requesting a provision of the
zoning that is allowed only with site plan approval and which is not
otherwise a major project.
E.
Planned Village (PV) projects which require a site plan review in accordance with § 350-10.15 and are not otherwise major projects.
F.
Medical marijuana dispensaries.
No building permit, zoning permit, or special
permit shall be issued for the following major projects prior to the
review and approval of a site plan in accordance with this section:
A.
Projects which involve new construction or additions
of 5,000 square feet or more of gross floor area (excluding expansions
in the CB District that do not involve footprint expansions).
B.
Commercial parking lots and parking garages, including
municipal garages.
C.
Except for the CBD, establishments selling foods prepared
on premises where consumption is primarily off the premises and retail
establishments selling principally convenience goods.
D.
Automobile service stations.
E.
Projects for which this chapter requires 10 or more
additional parking spaces over the zoning requirements for the previous
use.
F.
Rural residential incentive development projects.
G.
Planned business park projects.
These requirements are superimposed over any
other requirements of this Zoning Ordinance. The Building Commissioner
may not issue any building or zoning permits for any intermediate
or major projects until the site plan has been approved by the Planning
Board through a simple majority vote of the members present. The site
plan process shall be conducted by the Planning Board in conformance
with the filing, review and public hearing requirements for a special
permit, except in the case of alternative energy research and development
(R&D) and manufacturing facilities, as defined in the Green Communities
Act.[1] For alternative energy R&D and/or manufacturing, review periods are guaranteed not to exceed one year from the date of initial application to the date of final Board action. Said applications shall be reviewed within 45 days, and the applicants will be notified of what additional submissions are necessary to meet this one-year final action deadline. The Planning Board shall use the criteria of § 350-11.6 for approving or disapproving the site plan. As with special permits, any appeal of a site plan decision by the Planning Board shall be made in accordance with MGL c. 40A, § 17. All site plan decisions must be recorded at the Registry of Deeds. In addition, the plans approved as part of the site plan decision shall be recorded with the decision in the form and type of pages as determined by the Planning Board.
[1]
Editor's Note: See Acts of 2008, Ch. 169.
A.
Application for site plan approval shall be made to
the City Clerk and the Office of Planning and Sustainability on forms
provided for that purpose, accompanied by the required fee. The Planning
Board shall adopt specific rules governing paper and electronic application
and the number of copies.
B.
The application for site plan approval shall be accompanied
by a site plan, drawings and supporting documentation in a form specified
by rules and regulations which shall show, among other data, the following:
(1)
Locus plan;
(2)
Site plan(s) at a scale of one inch equals 40
feet (or greater) showing the following:
(a)
Name and address of the owner and the developer,
name of the project, and date and scale of plans;
(b)
The location and boundaries of the lot, adjacent
streets or ways, the location and owners names of all adjacent properties
and those within 300 feet of the property line, and all zoning district
boundaries;
(c)
Existing and proposed structures, including
setbacks from property lines, structure elevations, and all exterior
entrances and exits. Elevation plans of all exterior facades of proposed
structures are required for towers and strongly encouraged for other
structures;
(d)
Present and proposed use of the land and buildings;
(e)
Existing and proposed topography at two-foot
contour intervals, showing wetlands, streams, surface water bodies,
drainage swales, floodplains, and unique natural land features (for
intermediate projects the permit granting authority may accept generalized
topography instead of requiring contour lines);
(f)
Location of parking and loading areas, public
and private ways, driveways, walkways, access and egress points, including
proposed surfacing;
(g)
Location and description of all stormwater drainage
facilities (including stormwater detention facilities, water quality
structures, drainage calculations where applicable, and drainage easements),
potential water quality impacts, planned best management practices
(BMPs) during the construction phase, and the planned BMPs to be used
to manage runoff created after development. For major projects, applicants
shall incorporate green infrastructure and low-impact design to the
extent feasible. For major projects that do not trigger a separate
stormwater permit, applicants shall submit information on all analysis
conducted to incorporate low-impact design and green infrastructure.
Major projects that do not trigger separate stormwater permitting
must provide a proposed inspection schedule for the project during
construction and upon completion. Inspections shall be performed by
a qualified professional as confirmed by the Planning Board;
(h)
Location and description of public and private utilities, sewage
disposal facilities and water supply;
(i)
Existing and proposed landscaping:
[1]
Inventory of any significant trees over 20 inches
DBH by an arborist which shall classify such trees in terms of location,
species, size, health, long-term viability.
[2]
Inventory of trees on abutting properties if the
dripline of said trees crosses onto the subject parcel.
[3]
Proposed landscaping shall include:
[a]
Trees, with adequate protection detailed for existing
trees to be saved in accordance with Northampton Tree List and Tree
Planting Guidelines;
[b]
Other plantings with the size and species;
[c]
Stone walls;
[d]
Buffers;
[e]
Screening;
[f]
Fencing.
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Landscape plans must be designed and stamped by a certified
landscape architect or arborist. An adequate schedule for maintenance,
during the first two years, must be specified on the plans.
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[4]
All trees where the dripline crosses the property
and where trees are to be retained shall have tree protection zones
clearly marked in accordance with Northampton Tree List and Tree Planting
Guidelines.
(j)
Location, dimensions, height, color, illumination
of existing and proposed signs;
(k)
Provisions for refuse removal, with facilities
for screening of refuse when appropriate;
(l)
An erosion control plan (for major projects
only) and any other measures taken to protect natural resources and
water supplies;
(3)
Estimated daily and peak hour vehicle trips
generated by the proposed use, traffic patterns for vehicles and pedestrians
showing adequate access to and from the site, and adequate vehicular
and pedestrian circulation within the site. In addition, major projects,
as defined above, shall prepare a traffic impact statement including
the following information:
(a)
Traffic flow patterns at the site including
entrances and egresses, loading and unloading areas, and curb cuts
on site and within 100 feet of the site.
(b)
A plan to minimize traffic safety impacts of
the proposed project through such means as physical design and layout
concepts, staggered employee work schedules, promoting use of public
transit or van- or carpooling, or other appropriate means. For new
commercial, office, and industrial buildings or uses over 10,000 square
feet, this plan shall evaluate alternative mitigation methods to reduce
traffic by 35%, including:
[1]
Public transit, van- and car-pool
incentive programs, including parking facilities and weather-protected
transit shelters;
[2]
Encouraging flexible hours and
workweeks;
[3]
Encouraging pedestrian and bicycle
access to the site;
[4]
Provision of integrated land uses,
including on-site services, retail, and housing.
(c)
A detailed assessment of the traffic safety
impacts of the proposed project or use on the carrying capacity of
any adjacent highway or road, including the projected number of motor
vehicle trips to enter or depart from the site for daily-hour and
peak-hour traffic levels, road capacities, and impacts on intersections.
Said assessment may be based on the proposed mitigation [in the plan
required by Subsection B(2)above].
(d)
An interior traffic and pedestrian circulation
plan designed to minimize conflicts and safety problems.
(e)
Safe and adequate pedestrian access, including
provisions for sidewalks and/or bike paths to provide access to adjacent
properties and adjacent residential neighborhoods, as applicable,
and between individual businesses within a development.
(4)
Other information as may be necessary to determine
compliance with the provisions of this chapter.
C.
Site plans submitted for major projects shall be prepared
(and stamped) by a registered architect, landscape architect, or professional
engineer.
D.
Upon written request, the Planning Board may, at its discretion, waive the submission by the applicant of any of the required information, provided that the applicant provides some written information on each of the items in Subsections B(3)(a), (b) and (c) above and explains why a waiver is appropriate.
In conducting the site plan approval, the Planning
Board shall find that the following conditions are met:
A.
The requested use protects adjoining premises against
seriously detrimental uses. If applicable, this shall include provision
for surface water drainage, sound and sight buffers and preservation
of views, light, and air; and
B.
The requested use will promote the convenience and
safety of vehicular and pedestrian movement within the site and on
adjacent streets, cycle tracks and bike paths, minimize traffic impacts
on the streets and roads in the area. If applicable, this shall include
considering the location of driveway openings in relation to traffic
and adjacent streets, cross-access easements to abutting parcels,
access by public safety vehicles, the arrangement of parking and loading
spaces, connections to existing transit or likely future transit routes,
and provisions for persons with disabilities; and:
(1)
The Planning Board may allow reduced parking requirements in accordance with § 350-8.6, Shared parking.
(2)
The project, including any concurrent road improvements,
will not decrease the level of service (LOS) of all area City and
state roads or intersections affected by the project below the existing
conditions when the project is proposed and shall consider the incremental
nature of development and cumulative impacts on the LOS. The project
proponent must demonstrate that all cumulative and incremental traffic
impacts have been mitigated. If those impacts are not mitigated, the
Planning Board shall require in-lieu-of payments to fund a project's
proportional share of necessary improvements to mitigate off-site
traffic impacts, including provision of public transit and pedestrian
or bicycle paths, in lieu of requiring off-site improvements. All
in-lieu-of payments will be expended with the approval of the Mayor
and City Council only after first being introduced for recommendation
to the Transportation and Parking Commission, consistent with Planning
Board conditions. In-lieu-of traffic mitigation payment shall be assessed
by the Planning Board after a fact-based analysis of a specific project
but shall not exceed that shown in the table below. Past experience
has been that mitigation of all traffic impacts would be higher than
the maximum amount allowed and so many projects are assessed the maximum
allowed by the table. The Board may exempt residential projects whose
traffic impacts are not greater than if they were developed as an
as-of-right development without site plan approval and subdivision
approval.
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Project Location
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Required Payment
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Any medical marijuana project regardless of the district (regardless
of other entries below)
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$2,000 per peak trip
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CBs, GB, GI and OI Zoning Districts; PV District, except for
medical and dental offices; and NB District, except for uses with
gas pumps
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No mitigation
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M, URC, and URB Zoning Districts
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$1,000 per peak trip
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HB Zoning District; PV District for project for medical and
dental offices; NB Districts for uses with gas pumps; BP Districts
with nonexempt uses; and BP, SR, URA, SC and RR Zoning Districts for
sites (1)within 500 feet of a transit stop, or (2)within 500 feet
of an asphalt or concrete City off-road rail trail or bicycle path,
or (3)abutting a sidewalk that extends without a break from the project
to either downtown Northampton or downtown Florence
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$2,000 per peak trip
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Any other site in SR, URA, SC, and RR Zoning Districts and any
other BP residential use
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$3,000 per peak trip
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Notes Peak trips are the number of one-way trips into or out
of the project during the project's peak traffic demand, typically
but not always weekday afternoon “rush hour.” Peak-hour
trips are calculated based on the table below or, if (and only if)
the table does not address a project, the Institute of Traffic Engineers'
(ITE) trip generation data. The Planning Board retains the ability
to use alternative calculations if clear evidence to the contrary
is provided (for example, considering lower traffic generation from
pass-by trips, late-night shift changes, and mixed-use projects).
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Project Type
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Peak-Hour Trips
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|---|---|---|
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Residential
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1/dwelling unit
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Congregate and assisted living
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0.6/dwelling unit
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Grocery, personal services, retail and auto sales, medical marijuana
dispensary
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12/1,000 square feet
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Medical marijuana growing and processing facilities
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1/1,000 square feet
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Restaurants and bars
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20/1,000 square feet
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Gas, convenience stores, fast-food restaurants
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100/1,000 square feet
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Medical and dental offices
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5/1,000 square feet
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Other offices
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2/1,000 square feet
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Industrial, manufacturing, tradesman, professional (but not
medical and dental) offices, and municipal uses
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Exempt
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Warehouses
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0.6/1,000 square feet
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Schools, day-cares, churches, libraries, etc.
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10/1,000 square feet
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Hotel/Motel
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0.5/room
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(3)
Access by nonmotorized means must be accommodated with facilities
such as bike racks, sidewalk connections from the building to the
street, cycle tracks, and bike paths that are clearly delineated through
materials and/or markings to distinguish the vehicular route from
the nonvehicular route.
C.
The site will function harmoniously in relation to
other structures and open spaces to the natural landscape, existing
buildings and other community assets in the area as it relates to
landscaping, drainage, sight lines, building orientation, massing,
egress, and setbacks. Rear and/or side wall facades within 50 feet
of a completed or planned section of a cycle track or bike path shall
have features that invite pedestrian access from that side of the
building; and
D.
The requested use will not overload, and will mitigate
adverse impacts on, the City's resources, including the effect on
the City's water supply and distribution system, sanitary and storm
sewage collection and treatment systems, fire protection, streets
and schools. The construction materials and methods for water lines,
sanitary sewers, storm sewers, fire protection, sidewalks, private
roads, and other infrastructure shall be those set forth in the Northampton
Subdivision Regulations[1] (even for projects that are not part of a subdivision)
unless the Planning Board finds that a different standard is more
appropriate. Major projects that do not trigger separate stormwater
permitting shall have conditions that stipulate when inspections shall
be completed and submitted to the City. Annual reports, as necessary
depending on the stormwater management system, shall be submitted
to the City.
E.
The requested use meets any special regulations set
forth in this chapter, including consistency with the intent of the
character-based zoning districts as written in §§ 350-21
and 350-22, when applicable.
F.
Compliance with the following technical performance
standards:
(1)
Curb cuts onto streets shall be minimized. Access
to businesses shall use common driveways, existing side streets, or
loop service roads shared by adjacent lots when possible. More than
one curb cut shall be permitted only when necessary to minimize traffic
and safety impacts.
(2)
Pedestrian, bicycle and vehicular traffic movement on site must
be separated, to the extent possible, and sidewalks must be provided
between businesses within a development and from public sidewalks,
cycle tracks and bike paths. All projects shall include sidewalks
and tree belts abutting the street, except where site topography or
other limitations make them infeasible. In such cases where the sidewalk
is infeasible, the developer shall install an equal number of feet
of sidewalk and/or tree belt in another area of the community as deemed
by the Planning Board or Office of Planning and Sustainability. All
sidewalks shall meet the following standards:
(a)
All internal and external sidewalks will be constructed of cement
concrete. Sidewalks will be at least six feet in width in all commercial
zoning districts and all industrial zoning districts. In all residential
zoning districts, sidewalks shall be at least five feet in width.
(b)
If gratings are located in walking surfaces, then they shall
have spaces no greater than 1/2 inch wide in one direction. If gratings
have elongated openings, then they shall be placed so that the long
dimension is perpendicular to the dominant direction of travel.
(c)
Ramps allowing access to the sidewalk and street by variously
abled persons shall be required at the corner or within the curb area
immediately adjacent to the sidewalk.
(d)
For any new driveway, the portion of the driveway that crosses
the sidewalk shall conform to the sidewalk requirements set forth
herein, regardless of whether there is a sidewalk improvement extending
along the balance of the frontage property, with sidewalks constructed
with extra depth to withstand cars.
(e)
The sidewalk cross slope of 1:50 should be maintained across
the entire driveway. The driveway apron should be located in the tree
belt between the pedestrian way and the roadway.
(f)
Curb extensions may be used at any corner location, or at any
mid-block location where there is a marked crosswalk, provided there
is a parking lane into which the curb may be extended. They may include
transit stops. Curb extensions must be designed so as not to impede
bicycle traffic. Curbs may be extended into one or both streets at
a corner. No obstructions or private use should occur in the curb
extension.
(3)
Major projects, except in the Central Business
Districts, must be designed so there is no increase in peak flows
from the one- or two- and ten-year Soil Conservation Service design
storm from predevelopment conditions (the condition at the time a
site plan approval is requested). Green infrastructure and low-impact
design shall be incorporated to the extent feasible to ensure runoff
is handled on site. At the very minimum, the runoff from up to a one-inch
rain storm (first flush) shall be detained on site for an average
of six hours. These requirements shall not apply if the project will
discharge into a City storm drain system that the Planning Board finds
can accommodate the expected discharge with no adverse impacts. In
addition, catch basins shall incorporate sumps of a minimum of four
feet and, if they will remain privately owned, a gas trap.
(4)
Medical marijuana manufacturing operations shall meet the following
criteria:
(a)
Building facades and property must be consistent with the character
of the neighborhood, including such items as transparent storefront
windows with a view into the interior of the building. Security measures
must appear from outside of the building to be consistent with the
character of the neighborhood. This does not create any restriction
or compromise on security measures but does require that such measures
be camouflaged to blend into the background.
(b)
Buildings must incorporate both high-efficiency particulate air handlers
with activated carbon filters and exhaust systems designed with vents
that force the air at least 10 feet above the roofline of the building.
Alternatively, other technology may be used upon finding by the Planning
Board through site plan approval process that such other technology
will, to the extent practicable, limit odors from marijuana in any
place where the public or clients are present.
(c)
No medical marijuana dispensary and/or treatment center shall be
located within 200 feet of any elementary school, middle school, or
high school; there are no other buffer limitations.
(5)
For new buildings and additions, the applicant must show that the
building is designed to accommodate solar power installation. This
is met by showing that the roof design can support solar panels and
that roof orientation, conduit and electrical service will be incorporated
so that installation can easily be added either at the time of construction
or at any point thereafter. Alternatively, the applicant may show
the site is designed to accommodate solar with conduit to be located
to accommodate the ground system. The Planning Board may waive this
requirement for green roofs or if the applicant provides information
to show that either building-mounted or ground-mounted systems are
impracticable due to site constraints/orientation.
G.
(Reserved)
H.
(Reserved)
I.
Obscene displays; blocking or shading of windows.
(1)
No signs, text, graphics, pictures, publications,
videotapes, CDs, DVDs, movies, covers, merchandise or other objects,
implements, items or advertising depicting or describing sexual conduct
or sexual excitement as defined in MGL c. 272, § 31, shall
be displayed in the windows or on any building or be visible to the
public from the street, pedestrian sidewalks, walkways, or bike paths
or from other areas outside such establishments.
(2)
Further, windows may only be blocked or shaded
by approval of the Planning Board through site plan approval.
