[Added 5-4-1989]
[Amended 5-5-2011 ATM by Art. 18]
The purpose of this section is:
8.1.1.
To promote the safety of vehicular and pedestrian movement within
the site and in relation to the adjacent areas and highway traffic
safety and protect the capability of state and local roads to conduct
traffic smoothly and efficiently.
8.1.2.
To promote an attractive and viable commercial district and
expand the commercial tax base of the Town.
8.1.3.
To protect the rural character, aesthetic visual qualities,
natural environmental features, historical features and property values
of the Town and neighboring properties.
8.1.4.
To discourage unlimited commercial strip development and curb
cuts along highways and encourage commercial growth in nodes and clusters.
[Amended 5-5-2005 ATM by Art. 19; 5-22-2006]
The following types of activities and uses require a site plan
approval special permit from the Planning Board, in accordance with
Section VI of this bylaw and after consultation with other boards,
including but not limited to the following: Building Inspector, Board
of Health, Historical Commission, Conservation Commission, Highway
Division, Fire Department and Police Department:
8.2.1.
Construction, exterior alteration or exterior expansion of,
or change of use within, a municipal, institutional, commercial, business,
industrial or multifamily structure with three or more dwelling units.
8.2.2.
Construction or expansion of a parking lot for a municipal,
institutional, commercial, business, industrial or multifamily structure
or use.
8.2.3.
Package treatment plants or other nonresidential facilities
created in connection with or in support of residential uses.
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The Planning Board may waive any or all requirements of site
plan special permit review for external enlargements of less than
10% of the existing floor area.
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Site plan approval shall not be required for:
8.3.1.
The construction or enlargements of any single-family or two-family
dwelling or building accessory to such dwelling.
8.3.2.
Any building used exclusively for agriculture, horticulture
or floriculture.
8.3.3.
Construction or alteration involving not more than 1,000 square
feet total area after construction.
8.4.1.
Each application for site plan approval shall be submitted to
the Planning Board by the current owner of record, accompanied by
nine copies of the site plan.
8.4.2.
The Planning Board shall obtain with each submission a deposit
sufficient to cover any expenses connected with a public hearing and
review of plans, including the costs of any engineering or planning
consultant services necessary for review purposes.
8.5.1.
All site plans shall be prepared by a registered architect,
landscape architect, or professional engineer unless this requirement
is waived by the Planning Board because of unusually simple circumstances.
All site plans shall be on standard twenty-four-inch by thirty-six-inch
sheets at a scale of one inch equals 20 feet, with additional narrative
as necessary:
8.5.1.1.
Name of the project, locus, date and scale plan.
8.5.1.2.
Name and address of the owner of record, developer, and seal
of the engineer, landscape architect or architect.
8.5.1.3.
The location and boundaries of the lot, adjacent streets or
ways, and the location and owners' names of all adjacent properties
and those within 300 feet of the property line, and all zoning district
boundaries.
8.5.1.4.
Existing and proposed topography at the two-foot contour intervals
and the location of wetlands, streams, water bodies, drainage swales,
areas subject to flooding and base flood elevations and unique natural
land features.
8.5.1.5.
Existing and proposed structures, including dimensions and elevations,
and all exterior entrances and exits.
8.5.1.6.
The location of parking and loading areas, public and private
ways, driveways, walkways, and access and egress points.
8.5.1.7.
The location and description of all proposed septic systems,
percolation test when necessary, water supply, storm drainage systems,
including existing and proposed drain lines, culverts, drainage swales,
catch basins, drainage calculations, and subdrainage along with soil
logs, utilities, hydrants, manholes, lighting fixtures, and refuse
and other waste disposal methods.
8.5.1.8.
Proposed landscape features, including the location and description
of buffers, screening, fencing and plantings, including the size and
type of material.
8.5.1.9.
The location, dimensions, height, color, illumination and characteristics
of existing and proposed signs.
8.5.1.10.
The location and a description of proposed open space or recreation
areas.
8.5.1.11.
The plan shall describe estimated daily and peak hour vehicle
trips to be generated by the site and traffic flow patterns for vehicles
and pedestrians, showing adequate access to and from the site and
adequate circulation within the site. A detailed traffic impact statement
is required for use as specified in § 8.8.1.6.
8.5.1.12.
A plan for the control of erosion, dust, and silt, both during
and after construction sequencing, temporary and permanent erosion
control, and protection of water bodies.
8.5.1.13.
For alterations to any existing or new business/commercial/industrial
uses a table containing the following information:
8.5.1.14.
Elevation plans at a scale of 1/4 inch equals one foot for all
exterior facades of the proposed structure(s) and/or existing facades
plus addition(s) showing design features and indicating the type and
color of materials to be used.
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The Planning Board may waive any information requirements it
judges to be unnecessary to the review of a particular plan.
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8.6.1.
The Planning Board shall transmit one copy each to the Building
Inspector, Board of Health, Conservation Commission, Highway Division,
Historical Commission, Fire Department, and Police Department, which
shall review the application and submit their recommendations and
comments to the Planning Board concerning:
8.6.1.1.
The adequacy of the data and methodology used by the applicant
to determine the impacts of the proposed development;
8.6.1.2.
The effects of the projected impacts of the proposed development;
and
8.6.1.3.
Recommended conditions or remedial measures to accommodate or
mitigate the expected impacts of the proposed development.
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Failure of boards to make recommendations within 35 days of
the referral of the application shall be deemed to be lack of opposition.
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8.6.2.
The Planning Board shall hold a public hearing within 65 days
of the receipt of an application, and, after due consideration of
the recommendations received, the Board shall take final action within
90 days from the time of hearing. The Planning Board's final action
in writing shall consist of either:
8.6.2.1.
Approval of the site plan based on a determination that the
proposed project will constitute a suitable development and is in
compliance with the standards set forth in this bylaw;
8.6.2.2.
Disapproval of the site plan based on a determination that the
proposed project does not meet the standards for review set forth
in this bylaw; or
8.6.2.3.
Approval of the project subject to any conditions, modifications
and restrictions which will ensure that the project meets the standards
for review.
8.6.3.
The period of review of a special permit requiring site plan
approval shall be the same as any other special permit and shall conform
to the requirements of MGL c. 40A, § 9, Special Permits.
Specifically, a joint public hearing to address the special permit
application and site plan approval application shall be held within
65 days of the filing of a special permit application with the Planning
Board or Board of Appeals. The Planning Board shall then have 90 days
following the public hearing in which to act.
8.7.1.
In reviewing and evaluating the site plan, and in making a final
determination regarding site plan approval, the Planning Board shall
consider the following criteria:
8.7.1.1.
The site plan complies with the commercial development and performance
standards contained in § 8.8.
8.7.1.2.
The site plan minimizes traffic and safety impacts of the proposed
development on adjacent highways or roads and maximizes the convenience
and safety of vehicular and pedestrian movement within the site.
8.7.1.3.
The proposed development to the extent feasible: a) is integrated
into the existing landscape and protects abutting properties; b) minimizes
adverse environmental impacts on such features as wetlands, floodplains,
and aquifer recharge areas; c) minimizes obstruction of scenic views
from publicly accessible locations; d) preserves unique natural or
historical features; e) minimizes tree, vegetation, and soil removal
and grade changes; f) maximizes open space retention; and g) screens
objectionable features from neighboring properties and roadways.
8.7.1.4.
The architectural design, layout and landscaping of the proposed
development is in harmony with the historic, rural character of the
neighborhood and the Town of Hadley.
8.7.1.5.
The proposed development is served with adequate water supply
and waste disposal systems and will not place excessive demands on
the Town services and infrastructure.
8.7.1.6.
The site plan shows adequate measures to prevent pollution of
surface or ground water, to minimize erosion and sedimentation, and
to prevent changes in groundwater levels, increased runoff and potential
for flooding.
[Amended 10-22-1991]
In order to receive site plan approval, all projects or uses
must demonstrate compliance with the commercial development standards
herein. Strict compliance with the requirements of these rules and
regulations may be waived when, in the judgment of the Board, such
action is in the public interest and not inconsistent with the Site
Plan Approval Bylaw.
8.8.1.
Access and traffic impacts. Applicants must demonstrate that
the project will minimize traffic and safety impacts on highways.
8.8.1.1.
The number of curb cuts on state and local roads shall be minimized.
To the extent feasible, access to businesses shall be provided via
one of the following:
8.8.1.2.
One driveway per business shall be permitted as a matter of
right. Where deemed necessary by the special permit granting authority,
two driveways may be permitted as part of the site plan approval process
which shall be clearly marked "entrance" and "exit."
8.8.1.3.
Curb cuts shall be limited to the minimum width for safe entering
and exiting and shall in no case exceed 24 feet in width.
8.8.1.4.
All driveways shall be designed to afford motorists exiting
to highways with safe sight distance.
8.8.1.5.
The proposed development shall assure safe interior circulation
within its site by separating pedestrian, bicycle and vehicular traffic.
8.8.1.6.
A traffic impact statement shall be prepared, which shall contain:
(1)
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.
(2)
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 estimated for daily hour and peak hour traffic
levels, road capacities, and impacts on intersections.
(3)
A plan to minimize traffic and safety impacts through such means
as physical design and layout concepts, staggered employee work schedules,
promoting use of public transit or carpooling, or other appropriate
means.
(4)
An interior traffic and pedestrian circulation plan designed
to minimize conflicts and safety problems.
(5)
Adequate pedestrian and bicycle access shall be provided as
follows: sidewalk shall be provided to provide access to adjacent
properties and between individual businesses within a development.
8.8.1.7.
In each case where a new building(s) or new use of more than
10,000 square feet is proposed, the applicant shall prepare and submit
a trip reduction plan which clearly identifies a combination of transportation
systems management strategies which are designed to reduce anticipated
vehicle trips by 35%. These strategies should include, but are not
limited to:
[Amended 5-5-2011 ATM by Art. 18]
(1)
Vanpool/carpool incentive programs, such as employer subsidies
for vanpools/carpools, preferred vanpool/carpool parking, ride matching
services, and providing parking at the vanpool/carpool pickup site.
(2)
Allowing and encouraging flexible work hours and flexible workweeks.
(3)
Encouraging nonvehicle commute modes by providing on-site bicycle
storage, locker room facilities, etc.
(4)
Site designs which are conducive to transit or vanpool use,
such as convenient, weather-protected dropoff and pickup areas.
(5)
Encouraging employee and customer use of transit services.
(6)
Provisions of on-site services, retail opportunities, and housing
if allowed in the zone.
(7)
Naming a full-time or part-time transportation systems management
coordinator to oversee implementing all strategies identified in the
trip reduction plan.
8.8.2.
Parking.
8.8.2.1.
Proposed projects or uses must comply with parking and off-street
loading requirements in § 5.4 and the following standards:
8.8.2.2.
For developments which make a long-term commitment to actively
promote employee and public use of transit, ridesharing, and other
means to reduce single-occupant vehicle (SOV) trips, minimum parking
standards may be reduced by a percentage to be determined by the Planning
Board based upon the adequacy of trip reduction plans submitted in
accordance with § 8.8.1.
8.8.3.
Landscaping.
8.8.3.1.
A landscaped buffer strip at least 15 feet wide, continuous
except for approved driveways, shall be established adjacent to any
public road to visually separate parking and other uses from the road.
The buffer strip shall be planted with grass, medium-height shrubs,
and shade trees (minimum two-inch caliper, planted at least every
50 feet along the road frontage). At all street or driveway intersections,
trees or shrubs shall be set back a sufficient distance from such
intersections so that they do not present a traffic visibility hazard.
The sidewalk required above shall be incorporated into the buffer
strip.
8.8.3.2.
Large parking areas shall be subdivided with landscaped islands
so that no paved parking surface shall extend more than 120 feet in
width. At least one tree (minimum two-inch caliper) per 35 parking
spaces shall be provided.
[Amended 5-6-2004]
8.8.3.3.
Exposed storage areas, machinery, service areas, truck loading
areas, utility buildings and structures and other unsightly uses shall
be screened from view from neighboring properties and streets using
dense, hardy evergreen plantings, or earthen berms, or wall or tight
fence complemented by evergreen plantings.
8.8.3.4.
All landscaped areas shall be properly maintained. Shrubs or
trees which die shall be replaced within one growing season.
8.8.4.
Appearance/architectural design.
8.8.4.1.
Architectural design shall be compatible with the rural/historical
character and scale of buildings in the neighborhood and the Town
through the use of appropriate building materials, screening, breaks
in roof and wall lines and other architectural techniques. Variation
in detail, form and siting shall be used to provide visual interest
and avoid monotony. Proposed buildings shall relate harmoniously to
each other, with adequate light, air, circulation, and separation
between buildings.
8.8.4.2.
The Planning Board may adopt such regulations as may be necessary
to further specify design standards.
8.8.5.
Stormwater runoff.
8.8.5.1.
The rate of surface water runoff from a site shall not be increased
after construction. If needed to meet this requirement and to maximize
groundwater recharge, increased runoff from impervious surfaces shall
be recharged on site by being diverted to vegetated surfaces for infiltration
or through the use of detention ponds. Dry wells shall be used only
where other methods are infeasible and shall require oil, grease,
and sediment traps to facilitate removal of contaminants.
8.8.5.2.
Neighboring properties shall not be adversely affected by flooding
from excessive runoff.
8.8.6.
Erosion control. Erosion of soil and sedimentation of streams
and water bodies shall be minimized by using the following erosion
control practices:
8.8.6.1.
Exposed or disturbed areas due to stripping of vegetation, soil
removal and regrading shall be permanently stabilized within six months
of occupancy of a structure.
8.8.6.2.
During construction, temporary vegetation and/or mulching shall
be used to protect exposed areas from erosion. Until a disturbed area
is permanently stabilized, sediment in runoff water shall be trapped
by using staked hay bales or sedimentation traps.
8.8.6.3.
Permanent erosion control and vegetative measures shall be in
accordance with the erosion/sedimentation/vegetative practices recommended
by the Natural Resources Conservation Service.
8.8.6.4.
All slopes exceeding 15% resulting from site grading shall be
both covered with four inches of topsoil and planted with a vegetative
cover sufficient to prevent erosion or be stabilized by a retaining
wall.
8.8.6.5.
Dust control shall be used during grading operations if the
grading is to occur within 200 feet of an occupied residence or place
of business. Dust control methods may consist of grading fine soils
on calm days only or dampening the ground with water.
8.8.7.
Water quality. All out door storage facilities for fuel, hazardous
materials or wastes, and potentially harmful raw materials shall be
located within an impervious, diked containment area adequate to hold
the total volume of liquid kept within the storage area.
8.8.8.
Explosive materials.
8.8.8.1.
No highly flammable or explosive liquids, solids, or gases shall
be stored in bulk above ground, unless they are located in anchored
tanks at least 75 feet from any lot line, Town way, or interior roadway,
plus all relevant federal and state regulations shall also be met.
Underground storage tanks are prohibited.
8.8.8.2.
Propane gas tanks in one-hundred-pound cylinders (or smaller)
shall be exempt from these safety regulations.
8.8.10.
Vibration. No vibration shall be transmitted outside the property
where it originates.
8.9.1.
The Planning Board may require the posting of a bond or other
adequate security to assure compliance with the plan and conditions
and may suspend any permit or license when work is not performed as
required.
8.9.2.
Any special permit issued under this section shall lapse within
one year if a substantial use thereof has not commenced sooner, except
for good cause.
8.9.3.
The Planning Board may periodically amend or add rules and regulations
relating to the procedures and administration of this section.
