[Added 10-25-2011 ATM, Art. 12]
[1]
Editor's Note: Former Article XII, Planned Unit Development,
added 9-27-1998 STM, Art. 23, as amended, was repealed 10-28-1997
ATM, Art. 24.
In accordance with the provisions of Chapter 43D of the General
Laws, as amended, the Town of Northbridge hereby establishes an expedited
permitting process for sites that have been designated as Priority
Development Sites (PDS) in accordance with the statute. Review of
development on these sites will be conducted in accordance with the
provisions of the statute, this Article and local regulations and
guidelines adopted for such developments.
A.
Purpose and general information.
(1)
The purpose of this Article is to provide for expedited permitting
for Priority Development Sites, as designated by Town Meeting and
approved pursuant to MGL c. 43D, including appropriate procedures
for any proposed changes to a plan or facilities after the issuance
of a permit. Other objectives of this Article are to:
(a)
Increase clean, diverse and geographically focused commercial
and industrial activities;
(b)
Strengthen Northbridge's tax base;
(c)
Target appropriate development sites for commercial or industrial
development;
(d)
Promote and increase the visibility of Northbridge as a community
open to assisting appropriate commercial and industrial development;
(e)
Provide an efficient process for municipal land use permitting;
and
(f)
Guaranty permitting decisions on Priority Development Sites
within 180 days of application.
For purposes of this Article, and regulations promulgated pursuant
hereto, the following definitions shall apply. To the extent that
there may be any conflict between the definitions set forth in this
section and Chapter 43D or regulations promulgated pursuant thereto,
the terms of said Chapter 43D or such regulations shall govern.
The Board of Selectmen.
The Board, as described in MGL c. 23A, § 62, established
to review and approve or deny municipal priority development site
proposals and to award and administer technical assistance grants.
Any local board, commission, department, or other body of
the Town of Northbridge that is responsible for issuing permits, granting
approvals, or otherwise involved in land use development, including
redevelopment of existing buildings and structures.
A permit, formal determination, order of conditions, license,
certificate, authorization, registration, plan approval, zoning relief
or other approval or determination with respect to the use or development
of land, buildings, or structures, required by any Issuing Authority
including but not limited to those under statutory authorities contained
in MGL c. 40A; MGL c. 41, §§ 81A to 81J, inclusive,
and §§ 81X to 81GG, inclusive; MGL c. 131, §§ 40
and 40A; MGL c. 111, §§ 26 to 32, inclusive; MGL c.
40C; MGL c. 148, §§ 13 and 14; St. 1975, c. 772, or
otherwise under state law or a Northbridge bylaw, and all associated
regulations, bylaws and rules, but not including building permits
or approvals pursuant to MGL c. 41, §§ 81O to 81W,
inclusive. "Permit" shall not include: the decision of an agency to
dispose of property under its management or control; predevelopment
reviews conducted by the Town or a Technical Review Team; or permits
granted by the Massachusetts Water Resources Authority.
A privately or publicly owned property that is designated
as a priority development site by the Interagency Permitting Board.
The Secretary of the Executive Office of Housing and Economic
Development.
An informal working group consisting of representatives of
the various Issuing Authorities designated by the heads of the appropriate
Issuing Authorities to review requests submitted under this Article.
A Technical Review Team shall not include members of the Town's Zoning
Board of Appeals.
A.
Establishment. The Chapter 43D Priority Development Site Overlay
District, hereinafter referred to as the PDSOD, is an overlay district
identified as land situated at 1164 Main Street (Assessors' Map 1,
Parcel 113); 1110 Main Street (Assessors' Map 1, Parcel 114); 1096
Main Street (Assessors' Map 1, Parcel 115); 1160 Main Street (Assessors'
Map 1, Parcel 185); Parcel on Main Street (Assessors' Map 1, Parcel
199); 670 Linwood Avenue (Assessors' Map 5, Parcels 39 and 47) that
is superimposed over the applicable underlying and other overlying
zoning districts. A map delineating the PDSOD is on file in the Office
of the Town Clerk and is hereby made a part of the Zoning Bylaw.
B.
Underlying zoning. The PDSOD constitutes an overlay district superimposed
on all applicable underlying and other overlying zoning districts.
Except as otherwise provided in this Article or elsewhere in the Zoning
Bylaw, the requirements of the underlying and other overlaying zoning
districts, and all requirements and procedures pertaining thereto
that are not inconsistent with this Article shall remain in full force
and effect.
An applicant for a project located within the PDSOD may seek
expedited review and approval in accordance with the requirements
of this Article. In such case, notwithstanding anything to the contrary
contained elsewhere in this Zoning Bylaw or any other Town bylaw or
regulation that pertains to time frames for action by any municipal
board or commission, review will be undertaken and completed within
the time frames set forth herein and in accordance with any regulations
and guidelines adopted hereunder.
A.
Priority development permit reviews and final decisions shall be
completed within 180 days, subject to an extension provided for herein.
The time period shall begin the day after the issuance of the notice
that the application materials are complete. The Governing Body shall
notify the applicant in writing within 20 business days from receipt
of the completed application of additional information needed or requirements
that it may specify. The resubmission of the application or the submission
of such additional information required by the Governing Body shall
commence a new 20-day period for review of the additional information.
B.
If, at any time, an Issuing Authority determines that a permit or
other predevelopment review is required which it did not previously
identify, it shall immediately notify the applicant by certified mail
and shall, where public notice and comment or hearings are not required,
complete action on the application filed for the previously unidentified
permit within 30 days of receipt of the completed application or not
later than the latest required decision date for a pending permit,
whichever is later. Where public notice and comment or hearing are
required for the previously unidentified permit, the required action
date shall be not later than 30 days from the later of the close of
the hearing or comment period, which shall be scheduled to commence
as quickly as publication allows. The failure of the Governing Body
to notify an applicant of the requirement of a public hearing or comment
period shall not constitute a waiver of the requirement.
C.
The 180-day time period may be waived or extended for good cause
upon written request of the applicant with the consent of the governing
body or upon written request of the Issuing Authority with the consent
of the applicant. The 180-day period may be extended for up to 30
days by the Governing Body in the event an additional permit or other
predevelopment review is required if the requirement for the previously
unidentified permit or review has been determined no less than 150
days after the issuance of a notice of completeness. The 180-day time
period shall be extended when the Issuing Authority determines (1)
that action by another federal, state or municipal government agency
is required before the Issuing Authority may act; (2) that judicial
proceedings affect the ability of the Issuing Authority or applicant
to proceed with the application; or (3) that enforcement proceedings
that could result in revocation of an existing permit for the facility
or activity or denial of the application have been commenced. In those
circumstances, the Issuing Authority shall provide written notification
to the Secretary. When the reason for the extension is no longer applicable,
the Issuing Authority shall immediately notify the applicant, and
shall complete its decision within the time period specified in this
section, beginning the day after the notice is issued.
D.
An Issuing Authority may not use lack of time for review as a basis
for denial of a permit if the applicant has provided a complete application
and met all other obligations in accordance with this Article.
The applicant shall submit fees for each permit that has been
determined necessary by the Town Planner under applicable bylaws,
laws and regulations. A permit coordination fee of $200 shall also
be submitted to cover the cost of administration of this coordinated
process.
A.
Failure by any Issuing Authority to take final action on a permit
or approval within the 180-day period or extended time, if applicable,
shall be considered a grant of the relief requested of that Issuing
Authority. In that event, within 14 days after the date of expiration
of the time period, the applicant shall file an affidavit with the
Town Clerk, attaching the application, setting forth the facts giving
rise to the grant and stating that notice of the grant has been mailed,
by certified mail, to all parties to the proceedings and all persons
entitled to notice of hearing in connection with the application.
B.
The grant shall not occur where: (1) the Governing Body has made
a timely determination that the application is not complete in accordance
with its requirements and notified the applicant as set forth herein
and the applicant has not made a timely response to complete the application;
(2) the Governing Body has determined that the final application contained
false or misleading information; or (3) the Governing Body has determined
that substantial changes to the project affecting the information
required to process the permit application have occurred since the
filing of the application.
A.
Permits shall not transfer automatically to successors in title,
unless the permit expressly allows the transfer without the approval
of the Issuing Authority. Issuing Authorities having substantive jurisdiction
over permit issuance may develop procedures for simplified permit
renewals and annual reporting requirements. If the procedures are
not developed, renewals of permits shall be governed by the same procedures
and timelines as specified in this Article and regulations adopted
hereunder.
B.
Issuing Authorities shall make a reasonable effort to review permit
modification requests within as short a period as is feasible to maintain
the integrity of the expedited permitting process. An Issuing Authority
shall inform an applicant within 20 business days of receipt of a
request whether the modification is approved, denied, determined to
be substantial or additional information is required by the Issuing
Authority in order to issue a decision. If additional information
is required, the Issuing Authority shall inform an applicant within
20 business days after receipt of the required additional information
whether the modification is approved or denied or that additional
information is still required by the Issuing Authority in order to
render a decision. In cases in which the Issuing Authority determines
that a requested modification is substantial, the original review
period for permit categories as set forth in this Article shall apply.
C.
Permits issued pursuant to this Article shall expire 5 years from the date of the expiration of the applicable appeal period unless exercised sooner. Where permits cover multiple buildings, commencement and continuation of construction of one building shall preserve the permit validity. Changes in the law subsequent to the issuance of permits shall not invalidate the permits. Nothing in this section shall limit the effectiveness of MGL c. 40A, § 6.
A.
The Town Planner shall serve as the Single Point of Contact for the
purpose of coordinating and facilitating the expedited permitting
process.
B.
The Planning Board may periodically adopt or amend rules and regulations
relating to the procedures under and administration of this Article,
by majority vote of the Board, after conducting a public hearing to
receive comments. Such hearing shall be advertised twice in a newspaper
of general, local circulation, the first publication to be at least
14 days prior to the hearing date.
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 by a court of competent jurisdiction, the remaining provisions
shall remain in full force and effect.
