A.
Purpose. The purpose of this article is to ensure that the design
and layout of new multifamily residential, commercial and industrial
development will not be detrimental to the City of Taunton's neighborhoods
and environment and protect the health, safety, convenience and general
welfare of its inhabitants. The intent of site plan review is to regulate
rather than prohibit use through reasonable conditions which may be
imposed by the Site Plan Review Committee concerning the siting of
buildings, open space and landscaping, parking areas, access and egress
from proposed developments, drainage, sewerage, water supply, and
police and fire safety.
B.
Authority. In administering these provisions, there shall be the
following:
(1)
The Taunton Planning Board, where applicable, shall be vested
with the powers of a full site plan review, and for the purposes of
this article the Taunton Planning Board shall be the Site Plan Review
Committee (SPRC).
A.
A site plan review shall be a public meeting of the Site Plan Review
Committee (SPRC) and shall apply to the following:
(2)
Change of use in Business, Highway Business, Office and Industrial
Districts, where the new use is allowed by right in that district
and results in an increase in dimensional requirements, impervious
area, landscaping and/or parking requirements.
(3)
A change in the number of parking spaces on the site and/or
an increase in impervious area.
(4)
Multifamily (four units plus) residential projects.
(5)
New "nonresidential" commercial and industrial projects on vacant
or unimproved site.
(6)
An increase in traffic generation of 50 or more cars per day
as established by the Institute of Transportation Engineers.
(7)
Additions to existing multifamily residential projects, where
the addition constitutes the creation of new units.
B.
Any application that requires review under the site plan review process
of this section will follow the requirements of this article.
C.
Official notification of abutters. The petitioner shall submit, in
addition to a completed application, along with the certified list
of abutters, pre-stamped envelopes for each abutter. An official City
of Taunton notification form will be sent to each abutter on the certified
list. This form enables abutters to respond in writing regarding the
proposed project or attend the Site Plan Review Committee public meeting.
A.
Notwithstanding anything contained in this chapter to the contrary,
no building permit shall be issued for, and no person shall undertake,
any use or improvement subject to this article unless an application
for site plan review and approval has been prepared for the proposed
development in accordance with the requirements of this article and
unless such application has been approved by the Site Plan Review
Committee.
B.
No certificate of occupancy shall be granted by the Building Inspector
until the Site Plan Review Committee has given its approval that the
development and any associated off-site improvements conform to the
approved application for site plan review and approval, including
any conditions imposed by the Site Plan Review Committee.[1]
C.
Notwithstanding the above, a temporary certificate of occupancy may
be granted with the approval of the Site Plan Review Committee subject
to conditions for completion of work (which shall include a requirement
for surety, in an amount and form to be determined by the Site Plan
Review Committee) imposed by the Site Plan Review Committee.[2]
A.
Prior to the filing of an application subject to this article, the
applicant shall submit plans to the City Planner, who shall advise
the applicant as to the pertinent sections of this chapter. The applicant
shall then submit 20 copies of the application, conforming to this
article, to the City Planner. The applicant shall also provide a pdf
file of the plan with the application.
B.
Upon receiving a completed application as set forth above, the City
Planner shall forthwith transmit one copy each to the following departments:
(1)
Municipal Council (two copies).
(2)
Development Impact Review Board (two copies).
(3)
Planning Board (two copies).
(4)
City Clerk.
(5)
Board of Health.
(6)
City Engineer.
(7)
Water Department.
(8)
Sewer Department.
(9)
Conservation Commission.
(10)
Taunton Municipal Lighting Plant.
(11)
Fire Department.
(12)
Street Department.
(13)
Department of Public Works.
(14)
Mayor.
(15)
Building Department.
C.
Reports.
(1)
Such agencies shall, with 15 days of receiving said copy, report
to the Development Impact Review Board on the adequacy of the data
and the methodology used by the applicant to determine impacts of
the proposed development and the effects of the projected impacts
of the proposed development. Said agencies may recommend conditions
or remedial measures to accommodate or mitigate the expected impacts
of the proposed development. Failure by any such agency to report
within the allotted time shall constitute approval by that agency
of the adequacy of the submittal and also that, in the opinion of
that agency, the proposed project will cause no adverse impact.
(2)
The Development Impact Review Board shall, within 20 days of
receiving a copy of the application, report to the Site Plan Review
Committee on the adequacy of the data and the methodology used by
the applicant to determine impacts of the proposed development and
the effects of the projected impacts of the proposed development.
The Development Impact Review Board shall make findings and recommend
conditions or remedial measures to accommodate or mitigate the expected
impacts of the proposed development. Said report shall refer to and
include full copies of the agency reports.
D.
The Site Plan Review Committee shall not render a decision on said
application until it has received and considered all reports requested
from City departments and boards, or until the twenty-day period has
expired, whichever is earlier. The Site Plan Review Committee may
continue the public hearing to allow for the submission of the report
of the Development Impact Review Board and City agencies, but final
decision shall be made within 90 days of application unless said time
period is extended with the concurrence of the applicant.
E.
The Site Plan Review Committee shall open a public hearing on any
properly completed application within 45 days after filing, shall
properly serve notice of such hearing, and shall render its decision
within 60 days of said hearing. The hearing and notice requirements
set forth herein shall comply with the requirements of MGL c. 40A,
§ 11. All costs of the notice requirements shall be at the
expense of the applicant.
F.
In reviewing the impacts of a proposed development, the Site Plan Review Committee shall consider the information presented in the application for site plan approval, including all items specified in §§ 440-1505, 440-1508 and 440-1509, all reports of City departments submitted to the Development Impact Review Board or the Site Plan Review Committee, and any additional information available to the Site Plan Review Committee, submitted to the Site Plan Review Committee by any person, official or agency, or acquired by the Site Plan Review Committee on its own initiative or research.
Prior to granting approval or disapproval, the Site Plan Review
Committee shall make written findings with supporting documentation
as specified below.
A.
Approval.
(1)
The Site Plan Review Committee may approve an application, based
on its review of the projected development impacts and the proposed
methods of mitigating such impacts, if said Committee finds that the
proposed development is in conformance with this chapter, and that:
(a)
The traffic-carrying capacity of the intersections and streets likely to be affected by the proposed development will meet the standards set forth in § 440-1509A.
(b)
The proposed development will comply with the environmental impact standards set forth in § 440-1509B.
(c)
The planned capacities of public facilities such as water supply,
sewage and drainage systems are adequate in the vicinity of the site
to serve the proposed development.
(2)
In addition, the following specific items shall be addressed:
(a)
Convenience and safety of vehicular and pedestrian movement
within the site and location of driveway openings in relation to traffic
or to adjacent streets.
(b)
Adequacy of the arrangement of parking and loading spaces.
(c)
Adequacy of methods of disposal of refuse and other wastes.
(d)
Relationship of structures and open space to the natural landscape
and existing buildings.
(e)
Protection of wetlands, watersheds, aquifers, and well areas.
(f)
Conformance to City health and fire codes.
(g)
Adequacy of projects to address sewer and water impacts.
(h)
Compliance with all provisions of this chapter.
(i)
Compliance with the requirements of any other City board, agency,
commission, or department rules and regulations.
(3)
Such findings shall pertain to the entire proposed development,
including any site plan or design modifications imposed by the Planning
Board as a condition of its approval, and off-site improvements proposed
by the applicant or required by the Site Plan Review Committee as
a condition of its approval.
B.
Disapproval.
(1)
The Site Plan Review Committee must disapprove an application
if it is unable to meet the requirements for approval.
(2)
Notwithstanding the above, the Site Plan Review Committee may
approve an application if the adverse impacts of the proposed development
are not significantly greater than the impacts of uses which are or
can be made of the site under existing laws and regulations without
a requirement for site plan review.
A.
In granting approval of an application, the Site Plan Review Committee
may impose conditions, limitations and safeguards which shall be in
writing and shall be a part of such approval. Such conditions may
include, among other matters and subjects:
(1)
Controls on the location and type of access to the site.
(2)
Controls on the number of vehicles that arrive or depart during
the morning and/or evening peak hours (including controls on the maximum
number of vehicles which may use the off-street parking areas during
said periods).
(3)
Requirements for off-site improvements to improve the capacity
and safety of roads, intersections, pedestrianways, water, sewer,
drainage, and other public facilities which are likely to be affected
by the proposed development.
(4)
Requirements for donation and/or dedication of land for right-of-way
to provide for future roadway and/or intersection widening or improvements.
(5)
Requirements for securing the performance of all proposed work,
including proposed off-street improvements, by either or both of the
following methods:
(a)
A performance bond, a deposit of money, negotiable securities, letter
of credit, or bank passbook in an amount determined by the Site Plan
Review Committee to be sufficient to cover the cost of all or any
part of the improvements required as conditions of approval.
(b)
A covenant running with the land, executed and duly recorded by the
owner of record, whereby the required improvements shall be completed
before the property may be conveyed by other than a mortgage deed.
(6)
Conditions to minimize off-site impacts on traffic and environmental
quality during construction.
B.
Changes to site plan. Any and all changes to any approved departmental
site plan review must be first submitted through the same procedure
as the original site plan for review and approval prior to incorporation.
C.
Validity. The actions allowed by departmental site plan review are
authorized for a two-year period from the date of granting of final
approval. Thereafter such approval shall be deemed to have elapsed
and a new application will be required.
D.
Appeal. An appeal of a site plan review decision shall follow the
requirements of MGL c. 40A, § 8.
A.
The SPRC shall establish and may periodically amend rules and regulations
relating to the administration of this article, including additional
regulations relating to the scope and format of reports required hereunder.
B.
The filing fee for site plan review shall be calculated utilizing the fee schedule detailed in § 440-305D. No application shall be considered complete unless accompanied by the required fees.
C.
The Site Plan Review Committee shall be responsible for deciding
the meaning or intent of any provision of this article which may be
unclear or in dispute.
An application for site plan review and approval under this
article shall be prepared by qualified professionals, including a
registered professional engineer and, where required by state law,
a registered architect and/or registered landscape architect, and
shall include the following items and information:
A.
Waiver. Waiver of the submittal requirements may be requested as
follows:
(1)
Staff. The applicant may request waiver of certain of the submittal requirements by application to the City Planner. If granted, the City Planner shall list specifically what requirements have been waived and transmit it to the reviewing agencies with the application as per § 440-1504. Should any agency or, at its next meeting, the SPRC object to the elimination of any requirement, the applicant shall be responsible for providing the additional requested information. In order to provide the full time period for review, the applicant shall extend the time period within which the public hearing and the decision are required to be made by the number of days between the day the original application was received and the day the additional information was received.
(2)
Site Plan Review Committee. Prior to application, the applicant
may request waiver of certain of the submittal requirements by application
to the SPRC. The SPRC may publish in its rules and regulations standard
waivers which may be granted to applicants meeting a prescribed set
of standards.
B.
Site plan. A site plan containing the following shall be submitted
at the time of application:
(1)
A title block containing the name of the project, type of project,
legend, scale (one inch equals 40 feet), North arrow, name and address
of owner or applicant, name and address of engineer/architect, date
of plan, zoning district and legal description of the site.
(2)
Registered professional engineer's and registered land surveyor's
stamp.
(3)
A locus plan, showing site and its relationship to City of Taunton.
(4)
Site data including:
(a)
Size of parcel.
(b)
All lot lines and dimensions, including road frontage, width
and depth.
(c)
Statement respecting the datum used for all elevations (USGS
or City datum requires a permanent benchmark be established on the
site and its elevation noted on the plot plan).
(d)
Easements and other restrictions pertaining to the lot.
(e)
Overlaying districts (including local historic district, floodplain
district, special flood hazard district, groundwater supply district,
etc.).
(f)
Rivers, streams, intermittent streams, brooks, creeks, lake
houses, and ponds.
(g)
Wetlands (marshes, swamps, bogs and wet meadows).
(h)
Existing vegetative cover.
(i)
Existing and proposed ground elevations (at two-foot contours).
(j)
Existing buildings and other structures.
(k)
All names of abutters and owners of land within 300 feet as
determined from the most recent tax list.
(5)
Project data, including:
(a)
Proposed buildings by type (i.e., apartment, row house, recreation
building, etc.) with all dimensions including interior square footage.
(b)
Number of units.
(c)
Density.
(d)
Lot coverage by buildings.
(e)
Setbacks from lot lines.
(f)
Distance between buildings on same parcel.
(g)
Exterior lighting.
(h)
Walls and fences.
(6)
Transportation data, including:
(a)
Paved and other impervious areas.
(b)
Number and location of parking spaces.
(c)
Size of parking spaces.
(d)
An internal circulation plan, including width and location of
parking aisles and interior roads.
(e)
Names, widths and elevations of exterior roads.
(f)
Existing and proposed curb cuts and their widths.
(g)
Distance between curb cuts and nearest intersections.
(h)
Loading areas.
(i)
Pedestrianways.
(j)
Railroad spurs.
(8)
A drainage plan, including:
(a)
Number and location of perk tests along roadway and in detention
and retention areas.
(b)
Complete soil logs, including depth to water table.
(c)
Two-foot topo lines, extending 100 feet from site.
(d)
Man-made and natural features, including streams, wetlands,
rock outcrops, septic systems, wells, etc. (these features should
be shown on site and extending 100 feet from site).
(e)
Maps showing subwatershed (also displaying land use, soils and
topography).
(f)
On-site drainage patterns should be displayed for pre and post
development (including detention and retention areas and location
of storm drains).
(g)
Travel time on site and subwatershed should be displayed for
peak flow pre and post development.
(h)
Design capacity and peak capacity calculations.
(i)
A plan for the control of erosion and sedimentation caused by
the proposed construction.
C.
Development impact statement.
(1)
A development impact statement is required for projects with
the following characteristics:
(a)
Multifamily residential projects consisting of 10 or more units
or containing three or more acres of land.
(b)
Commercial and industrial projects consisting of 3,000 or more
square feet of floor area or three or more acres of land area.
(c)
All projects which generate more than 100 vehicle trips per
day.
(2)
The development impact statement shall describe potential impacts
of the proposed development, compare them to the impacts of uses which
are or can be made of the site without a requirement for site plan
review, identify all significant positive or adverse impacts, and
propose an acceptable program to prevent or mitigate adverse impacts.
The development impact statement shall consist of the following four
elements:
(a)
Traffic impact assessment.
[1]
Purpose. To document existing traffic conditions
in the vicinity of the proposed project, to describe the volume and
effect of projected traffic generated by the proposed project, and
to identify measures proposed to mitigate any adverse impacts on traffic.
[2]
Format and scope:
[a]
Existing traffic volume, composition, peak-hour
levels, street capacities, and level of service (LOS) on surrounding
streets.
[b]
Estimated average daily traffic generation, composition,
peak-hour levels and directional flows resulting from the proposed
development.
[c]
Impacts of estimated traffic impacts on existing
traffic conditions.
[d]
The methodology and sources used to service existing
data and estimations.
[e]
Proposed methods to mitigate the estimated traffic
impact.
(b)
Environmental impact assessment.
[1]
Purpose. To describe the impacts of the proposed
development with respect to on-site and off-site environmental quality.
[2]
Format and scope:
[a]
A description of the relationship of the proposed
development to the major botanical, zoological, geological and hydrological
resources of the site; the impact of stormwater runoff on adjacent
and downstream surface water bodies, subsurface groundwater and the
water table; and the potential dangers of erosion and sedimentation
caused by the operation and maintenance of the proposed development.
[b]
Description of proposed measures for mitigation
of any potential adverse impacts on the natural environment.
(c)
Fiscal impact assessment.
[1]
Purpose. To evaluate the fiscal and economic impacts
of the proposed development on the City.
[2]
Format and scope:
[a]
Projections of costs arising from increased demands
for public services and infrastructure.
[b]
Projections of benefits from increased tax revenues,
employment (construction and permanent), and value of public infrastructure
to be provided.
[c]
Projections of the impacts of the proposed development
on the values of adjoining properties.
[d]
Five-year projection of increased City revenues
and costs resulting from the proposed development.
(d)
Community impact statement.
[1]
Purpose. To evaluate the impact of the proposed
project on the City, surrounding neighborhoods and City services.
[2]
Format and scope:
[a]
Site design and neighborhood impact. Evaluation
of the relationship of proposed new structures or alterations to nearby
preexisting structures in terms of character and intensity of use
(e.g., scale, materials, color, door and window size and locations,
setbacks, roof and cornice lines, and other major design elements)
and of the location configuration of proposed structures, parking
areas, and open space with respect to neighboring properties.
[b]
Historic impact. Identification of impacts on significant
historic properties, districts or areas or archaeological resources
(if any) in the vicinity of the proposed development.
[c]
Evaluation of impacts on the water system, sewage
system, the landfill, the school system, fire protection, police protection,
libraries, and parks and recreation facilities, and proposed methods
of mitigation for any adverse impacts.
The following standards shall be used in evaluating projected
impacts of proposed developments. Required standards must be met by
all developments subject to this article. Recommended standards are
set forth as guidelines to both the SPRC and applicants and are not
intended to be inflexible requirements or to discourage creativity
and innovation.
A.
Traffic impact standards.
(1)
Required. The level of service (LOS) of all impacted intersections
and streets shall be adequate following project development. For purposes
of this standard:
(a)
Level of service (LOS) shall be determined according to criteria
set forth by the Transportation Research Board of the National Research
Council.
(b)
"Impacted" means located within 1,000 feet of the closest boundary
of the project site and projected to receive at least 5% of the anticipated
average daily or peak-hour traffic generated by the proposed development.
(c)
"Adequate" shall mean a level of service of "B" or better for
rural, scenic and residential streets and for all new streets and
intersections to be created in connection with the project and "D"
or better for all other streets and intersections.
(2)
Recommended. The proposed site plan shall minimize points of
traffic conflict, both pedestrian and vehicular. The following guidelines
shall be used to achieve this standard:
(a)
Entrance and exit driveways shall be so located and designed
as to achieve maximum practicable distance from existing and proposed
access connections from adjacent properties.
(b)
Where possible, driveways shall be located opposite similar
driveways.
(c)
Sharing of access driveways by adjoining properties and uses
is encouraged.
(d)
Left-hand turns and other turning movements shall be minimized.
(e)
Driveways shall be so located and designed as to discourage
the routing of vehicular traffic to and through residential streets.
(f)
Pedestrian and bicycle circulation shall be separated from motor
vehicle circulation as far as practicable.
B.
Environmental impact standards.
(1)
Required.
(a)
The proposed development shall not create any significant emission
of noise, dust, fumes, noxious gases, radiation, or water pollutants,
or any other similar significant adverse environmental impact.
(b)
The proposed development shall not increase the potential for
erosion, flooding or sedimentation, either on site or on neighboring
properties, and shall not increase rates of runoff from the site to
the satisfaction of the City Engineer. Provision for attenuation of
runoff pollutants and for groundwater recharge shall be included in
the proposal.
(c)
The stormwater management for the proposed development shall meet
the requirements set forth in the Massachusetts Stormwater Handbook
(latest edition). Stormwater best management practices (BMPs) shall
be designed to optimize nitrogen and phosphorus removal.
[Added 4-5-2022[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection
B(1)(c) through (e) as Subsection B(1)(d) through (f), respectively.
(d)
The design of the proposed development shall minimize the destruction
of unique natural features.
(e)
The design of the development shall minimize earth removal and
keep volume of cut and fill. Any grade changes shall be in keeping
with the general appearance of neighboring developed areas.
(f)
The design of the development shall minimize the area over which
existing vegetation is to be removed. Tree removal shall be minimized
and, if established trees are to be removed, special attention shall
be given to the planting of replacement trees.
(2)
Recommended. None.
D.
Community impact standards.
(1)
Required.
(a)
Design elements shall be compatible with the character and scale
of neighboring properties and structures.
(b)
The design of the development shall minimize the visibility
of visually degrading elements such as trash collectors, loading docks,
etc.
(c)
The design of the development shall be consistent or compatible
with existing local plans, including plan elements adopted by the
Planning Board, Conservation Commission, Parks and Recreation Commission,
and other City bodies having such jurisdiction.
(d)
The location and configuration of proposed structures, parking
areas and open space shall be designed so as to minimize any adverse
impact on temperature levels or wind velocities on the site or adjoining
properties.
(e)
Outdoor lighting, including lighting on the exterior of a building
or lighting in parking areas, shall be arranged to minimize glare
and light spillover to neighboring properties.
(2)
Recommended. None.
