[HISTORY: Adopted by the Municipal Council of the City of
Taunton as indicated in article histories. Amendments noted where
applicable.]
[Adopted 6-2-2009 (Ch. 16, Art. I, of the 2010 Code)]
Pursuant to the City of Taunton's adoption of MGL c. 43D, Expedited
Permitting, the City of Taunton adopts the regulations and procedures
outlined in this article. An applicant for a project located within
the Priority Development Site Overlay District may seek expedited
review and approval in accordance with the requirements of this article.
In such case, notwithstanding anything to the contrary contained elsewhere
that pertains to time frames for action by any municipal board or
commission, review will be taken and completed within the time frame
set forth herein.
As used in this article, the following terms shall have the
meanings indicated:
The state body, as described in MGL c. 23A, § 62,
established to review and approve or deny municipal priority development
site proposals and to grant and administer technical assistance grants.
Any local board, commission, department, or other municipal
entity of the City of Taunton that is responsible for issuing permits
or 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;
MGL c. 41, §§ 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; Chapter 772 of the Acts
of 1975, or otherwise under state law or Taunton ordinance, and all
associated regulations, ordinances 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 or predevelopment
reviews conducted by municipal offices.
A.
Establishment. The Chapter 43D Priority Development Site Overlay
District (PDSOD) is an overlay district identified as land identified
as Phase 4 of the Myles Standish Industrial Park and Phase 3 of the
Liberty and Union Industrial Park.
B.
Underlying zoning. The PDSOD constitutes an overlay district superimposed
on all applicable underlying and other overlaying zoning districts.
Except as from time to time may be limited by amendment hereto, the
underlying and other overlaying zoning, and all requirements and procedures
pertaining thereto that are not inconsistent with the following, shall
remain in full force and effect.
There shall be established an Expedited Permitting Board (the
Board). Said Board shall be chaired by the Director of Planning and
Conservation who shall also serve as the single point of contact as
required per 400 CMR 2.00, Expedited Permitting, the Chapter 43D regulations.
The membership of the Board shall also include the Fire Chief or designee,
City Clerk or designee, Department of Public Works Commissioner or
designee, Board of Health Director or designee, Conservation Agent,
and the Building Commissioner or designee.
A.
The Board shall provide any applicant for a project located within
the PDSOD with a comprehensive packet of permit applications necessary
for the PDSOD project. In order to identify applicable permits for
any project, the Board may conduct preliminary reviews or conferences
with the applicant. Once the applicant has submitted an application
packet, the Board shall have 20 business days from the date of submission
of the application to determine completeness of the application packet.
The Board shall timely notice the applicant by certified mail as to
the completeness of the application packet. If the Board fails to
give such notice to the applicant within 20 business days, the application
shall be deemed to be complete. The one-hundred-eighty-calendar-day
review period described below shall commence the day after notice
is mailed or at the expiration of the twenty-business-day period in
cases where the Board fails to give such notice within said 20 business
days.
B.
Should the Board determine that an application is incomplete, the Board shall timely notify the applicant in writing by certified mail with an explanation as to why the application packet is incomplete and request the information necessary to complete the application. The resubmission of an application packet will begin a new twenty-business-day completeness review period. Subsequent completeness decisions must be sent by certified mail and conform to the process outlined in Subsection A above.
C.
The Board, in coordination with all issuing authorities of the City,
must complete the local permitting process within 180 calendar days
after the certified notice of completeness is sent or the twenty-day
completeness review period has expired and the application is deemed
to be complete. This period may be waived or extended for good cause
upon written request of the applicant with the consent of the Board,
or upon written request of the Board with the consent of the applicant.
D.
The one-hundred-eighty-calendar-day review period may be extended
by the Board for a maximum period of 30 days if a previously unidentified
permit or review has been determined necessary within the first 150
calendar days of the process. When the Board determines that a previously
unidentified permit is necessary, it shall send immediate notice of
such additional requirements to the applicant by certified mail and
send a copy of such notice to the Interagency Permitting Board. 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.
E.
The one-hundred-eighty-calendar-day review period may also be extended
when any City issuing authority determines that action by another
federal, state, or municipal government agency not subject to this
article is required before the issuing authority may act; pending
judicial proceedings affect the ability of the issuing authority or
applicant to proceed with the application; or enforcement proceedings
that could result in revocation of an existing permit for that facility
or activity or denial of the application have been commenced. In those
circumstances, the issuing authority shall provide written notification
to the Secretary and the Interagency Permitting Board by certified
mail. When the reason for the extension is no longer applicable, the
issuing authority shall immediately notify the applicant, the Secretary,
and the Interagency Permitting Board by certified mail and shall complete
its decision within the time period specified in this article, beginning
the day after the notice to resume is issued by the Board.
F.
If the Board, in consultation with any issuing authority, determines
that substantial modifications to the project since the application
was determined to be complete pursuant to this article render an issuing
authority incapable of making a decision on an application, an extension
of the one-hundred-eighty-calendar-day review period may be granted
by the Interagency Permitting Board for demonstrated good cause at
the written request of the issuing authority. The issuing authority
shall provide terms for the extension, including the number of additional
days requested. Within 10 business days of receipt of the request,
the Interagency Permitting Board, or its designee, shall respond to
the issuing authority with an extension determination.
G.
If the applicant makes a substantial modification to a project for
the purpose of public benefit, the issuing authority may request an
extension from the Interagency Permitting Board and, if granted, shall
make every reasonable effort to expedite the processing of that permit
application.
All issuing authorities shall make every reasonable effort to
review permit modification requests within as short a time period
as is feasible to maintain the integrity of the expedited permitting
process. The applicable 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 requires additional
information for the issuing authority to issue a decision. If additional
information is required, the issuing authority shall inform an applicant
by certified mail within 20 business days after receipt of the required
additional information whether the modification is approved, denied
or that further additional information is required by the issuing
authority in order to render a decision.
A.
Failure by any issuing authority to take final action on a permit
within the one-hundred-eighty-calendar-day review period, or properly
extended review period, shall be considered a grant of the relief
requested of that authority. In such case, within 14 days after the
date of expiration of the time period, the applicant shall file an
affidavit with the City 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 as defined by 400 CMR 2.03 and all persons entitled to
notice of hearing in connection with the application as defined by
400 CMR 2.03.
B.
No issuing authority may use lack of time for review as a basis for
denial of a permit if the applicant has provided a complete application
and has met all other obligations in accordance with this article.
C.
Notwithstanding the aforesaid, an automatic grant of approval shall
not occur:
(1)
When the Board has made a timely determination that the application
packet is not complete and the applicant does not provide the requested
information within 90 calendar days. In such case, the Board shall
notify the Interagency Permitting Board of the discontinuance of the
permit process.
(2)
When the Board, in consultation with an issuing authority, has determined
that substantial modifications to the project since the application
was determined to be complete render the issuing authority incapable
of making a decision on an application, except if the issuing authority
fails to render a decision on an application within the time period
of an extension granted by the Interagency Permitting Board on account
of a substantial modification to the project.
(3)
When the Board has determined that a final application contains false
or misleading information. In such event, the Board must submit a
statement of findings to the Interagency Permitting Board by certified
mail with a copy to the applicant by certified mail. Pursuant to 400
CMR 2.11(5), such a finding may be appealed to the Land Court on a
motion of the applicant. Pending the Court's ruling, the one-hundred-eighty-calendar-day
review period shall be tolled. If the Court rules in favor of the
applicant, the one-hundred-eighty-calendar-day review period shall
resume. If the Court rules in favor of the City, the one-hundred-eighty-calendar-day
review period shall be waived.
Appeals of any issuing authority decision or of an automatic
grant of approval shall be filed within 20 calendar days after the
last individual permitting decision has been rendered or within 20
calendar days after the conclusion of the one-hundred-eighty-day period,
whichever is later. The one-hundred-eighty-day period shall be increased
by the number of days in any extension granted hereunder.
A.
Permits shall not automatically transfer to successors in title,
unless the permit expressly allows such transfer without the approval
of the appropriate issuing authority. Issuing authorities may develop
procedures for simplified permit renewals and annual reporting requirements.
If such procedures are not developed, renewals of permits shall be
governed by the procedures and timelines specified in MGL c. 43D.
B.
Permits issued hereto shall expire five 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 prevent expiration of all permits
on that site. No permit issued hereunder shall be affected by changes
in the law subsequent to the issuance of such permits. Additionally,
nothing in this article shall limit the effectiveness of MGL c. 40A,
§ 6.
