[Amended 6-11-2007 by Ord. No. 35]
A.
It shall be the duty of the Building Inspector and he or she shall
have the powers necessary to administer and enforce the provisions
of this chapter.
B.
Said official shall keep a record of all applications for permits
issued, with a notation of any special conditions involved. He shall
file and safely keep copies of all plot plans submitted, and the same
shall be a part of his or her records.
A.
No building or structure shall be erected, added to or altered and
no excavation shall be started until a building permit therefor shall
have been issued by the Building Inspector stating that the building
complies with all provisions of this chapter.
B.
No land or building shall be occupied, used, or changed in use until
a certificate of occupancy shall have been issued by the Building
Inspector stating that the proposed use of such land or building complies
with all the provisions of this chapter.
C.
A certificate of occupancy shall be applied for at the same time
application is made for a building permit and shall be issued following
an inspection of the premises by the Building Inspector and his or
her finding that all provisions of this chapter have been met.
D.
Applications for building permits and certificates of occupancy shall
be made in duplicate on forms provided by the Building Inspector,
each to be accompanied by a plot plan drawn to scale showing all lots
and required yard dimensions, the size and location of all buildings
and uses, and all other information as may be required by the Building
Inspector to process said application. The proposed handling of water
supply and sewage disposal shall be described on all applications
and shown on the plot plan.
E.
For purposes of administration, such permit and application procedure
involving a structure may be made at the same time and combined with
the permits required under the State Building Code.
F.
Where applications are denied by the Building Inspector, the specific
reasons for so doing shall be stated fully on the filed copies of
the application and one copy returned to the applicant.
G.
All valid permits must be exercised within 12 months after date of
issuance. If the valid permit is not exercised, a renewal permit must
be applied for.
[Amended 11-21-1988]
A.
Projects requiring site plan review are listed in Tables I and II below. Table I lists those projects involving new construction which are subject to site plan review. Table II lists those projects involving expansion of existing structures which are subject to site plan review. In addition, any project granted a special permit for additional building height by the Planning Board in accordance with § 300-40D(2), (3) or (5) shall be subject to site plan review.
[Amended 7-1-1992; 6-1-2015 by Ord. No.
314; 7-23-2019 by Order No. 393]
|
Table I: New Construction
| |
|---|---|
|
Zoning District
|
Building Size Requiring Site Plan Review
|
|
IG
|
5,000 square feet
|
|
IR
|
25,000 square feet or more than 1 structure on a lot
|
|
CG
|
Lot coverage over 65%
|
|
CC
|
1,000 square feet
|
|
CN
|
1,000 square feet
|
|
BHD
|
1,000 square feet
|
|
HD
|
5,000 square feet
|
|
RMD, RHD, RSD, R-6, R-10, R-15, R-22, R-45, R-90
|
One multifamily building with 10 or more housing units; 5 or
more townhouse units, attached or separate; or multiple buildings
on a single lot
|
|
Table II: Expansion Construction
| |
|---|---|
|
Zoning District
|
Percent Increase in Gross Square Footage Requiring Site
Plan Review
|
|
IG-zoned buildings over 10,000 square feet
|
30%
|
|
IR-zoned buildings over 25,000 square feet or more than 1 structure
on a lot
|
30%
|
|
CG-zoned buildings with total lot coverage exceeding 65%
|
1%
|
|
CC-zoned buildings over 1,000 square feet
|
40%
|
|
CN-zoned buildings over 1,000 square feet
|
40%
|
|
BHD-zoned buildings over 5,000 square feet
|
20%
|
|
HD-zoned buildings over 5,000 square feet
|
20%
|
|
RMD, RHD, RSD, R-6, R-10, R-15, R-22, R-45, R-90 - One multifamily
building with 10 or more housing units; 5 or more townhouse units,
attached or separate; or multiple buildings on a single lot.
|
20% or addition of separate building
|
B.
Projects consisting of a brewery, distillery, winery, as defined in § 300-5, Definitions, containing 10,000 square feet of gross floor area or greater, and that are proposed within an existing building, must apply for site plan review approval from the Planning Board. Site plan review applies for new construction or expansion as established above.
[Added 4-19-2016 by Ord.
No. 014; amended 7-23-2019 by Order No. 393]
C.
Procedure.
[Amended 4-9-2008 by Ord. No. 49; 6-1-2015 by Ord. No. 314]
(1)
Applicants shall submit to the Planning Board one original and 12
copies of the completed site plan review application form; four sets
of plans, size 24 inches by 36 inches folded to approximately 8.5
inches by 11 inches; 18 sets of plans, size 11 inches by 17 inches;
and one electronic copy of the application package. The applicant
shall also file one copy of the site plan review application form
with the City Clerk and provided copy of stamped application to the
Planning Board with application.
(a)
Applicant shall provide three copies of a stormwater management
report, if necessary, and four copies if the project is located in
the Water Supply Protection Overlay District.
[Amended 7-23-2019 by Order No. 393]
(2)
An application for site plan review shall also be accompanied by
the following:
[Amended 7-23-2019 by Order No. 393]
(a)
A certified list, with mailing labels, of the names and addresses
of all property owners of record who share a common property line
with any portion of the property specified on the site plan review
application and plan;
(b)
A filing fee of $35 per 1,000 square feet gross floor area (minimum
of $350, maximum of $5,000) for site plan review; or $350 for a modification
of site plan review;
(c)
Deposit for legal notice fee and (unless a holder of an account
with Salem News) completed "Request for Legal Notice" form;
(d)
Written permission from the owner of the property to apply for
site plan review, if the applicant is not the owner.
(3)
At least seven days prior to the date of the public hearing, the
Planning Board shall advertise the public hearing in a newspaper of
local circulation and shall send written notice by mail to all abutters.
(4)
Final action on the site plan shall be taken by the Planning Board
after a public hearing has been held and within 65 days of the date
of the public hearing.
(5)
All applications for site plan review shall be forwarded to both
the Parking and Traffic Commission and the Design Review Board for
their comments and recommendations and additional copies of the application
may be required. The recommendations of this board and commission
shall be received by the Planning Board within 30 days of submission
to the board/commission. Failure to forward comments within 30 days
will be deemed conclusion of review by the Design Review Board or
the Parking and Traffic Commission. All applications for site plan
review will also be forwarded to the City Engineer for his review
and approval.
(7)
Failure of the Planning Board to act within 65 days of the public
hearing shall be deemed as conclusion of review and it shall forthwith
make its endorsement on said plan and, on its failure to do so, the
City Clerk shall issue a certificate to the same effect. The Planning
Board shall communicate to the appropriate municipal officials and
to applicant the results of its review.
(8)
The Planning Board may waive any of the requirements of this section
if deemed in the best interest of the City to do so.
D.
Contents of plan. A plan accompanying an application for site plan
review shall be drawn to whatever scale necessary to show clearly
all site features, and shall include or be accompanied by the following:
(1)
A locus map drawn at a scale of one inch equals 800 feet;
(2)
The location and name of all streets in the immediate vicinity of
the proposed project, with a notation as to whether the street is
a public or private right-of-way;
(3)
Zoning and historic district boundary lines within the locus or site
plan;
[Amended 7-23-2019 by Order No. 393]
(4)
Existing and proposed contour lines at one- or two-foot intervals;
(5)
The location and dimensions of all existing and proposed buildings
on the site, and on abutting properties; elevation and facade treatment
plans of all proposed buildings and signs;
(6)
Information on the location, size, and capacity of existing and proposed
utilities which will service the project (water, sewer, electric,
etc.) as well as hydrant location(s), and design plans and specifications/information
for HVAC equipment and other noise-emitting equipment proposed on
the roof of the building(s) or elsewhere on site;
(7)
Information on the method of surface and subsurface drainage disposal
(may require the submission of a stormwater management report); location,
type, and intensity of lighting; location, size, type, and number
of existing and proposed landscape features; location and dimensions
of signage; location of waste and refuse disposal facilities, and
snow removal plans for the property post construction, and adequacy
of same;
[Amended 7-23-2019 by Order No. 393]
(8)
Calculations of amount of parking required, and the location, size,
and type of parking, loading and unloading, and service areas;
(9)
Information sufficient to demonstrate that satisfactory arrangements
will be made to facilitate traffic movement to, from, and within the
site, such arrangements to be subject to the review and approval of-the
Parking and Traffic Commission ("sufficient information" may require
the submission of a traffic study); and
(10)
Any additional data (including but not limited to drainage studies,
demographic studies, shadow studies, etc.) which the Planning Board
may deem necessary to evaluate the proposed project as it relates
to surrounding areas, anticipated traffic and public safety and the
intent of the Comprehensive Plan and this chapter.
E.
Modification to approved site plan. Subsequent to a site plan granted
by the Planning Board pursuant to this section, minor modifications
to the site plan may be made from time to time in accordance with
applicable City ordinances and regulations. The development approved
under such site plan shall otherwise be in accordance with the approved
plans and such conditions, as may be included, in the decision of
the Planning Board. The developer shall notify the Planning Board
in writing well in advance of any such modification, which shall not
be effective until approved by vote of the Planning Board. The developer
shall also submit a plan depicting such modification. Should the Planning
Board determine that such revisions are not minor, it shall order
that an application for a modification of site plan be filed and a
public hearing be held in the same manner as set forth in this section.
[Amended 4-9-2008 by Ord. No. 49]
[Amended 6-11-2007 by Ord. No. 35]
A.
If at any time the Building Inspector finds that any construction
or use has been commenced in violation of this chapter, he or she
shall immediately notify the owner or agent of the nature of the violation
in writing and order the abatement of such violation.
B.
Unless another penalty is provided for violations of specific provisions
of this chapter, failure to comply with any provisions of this chapter
or with any specific conditions and safeguards imposed by the Board
of Appeals or the Planning Board in granting a variance, special permit,
or site plan review, or any plan(s) specifically cited in either board's
approval(s), shall cause the violator to be liable for a fine not
to exceed $50 for each day such violation continues unabated after
the remedy of same is ordered by the Building Inspector. In addition,
the Building Inspector may elect to withhold occupancy permits until
any such failure is remedied to the respective board's satisfaction.
[Amended 2-16-2016 by Ord. No. 013]
A.
If any section, paragraph, subdivision, clause, phrase, or provision
of this chapter shall be adjudged invalid or held unconstitutional,
the same shall not affect the validity of this chapter as a whole
or any part of provisions thereof other than the part so decided to
be invalid or unconstitutional.
B.
The fact that the present zoning regulations are inadequate to properly
safeguard the general public welfare, health, peace, and safety, creates
an urgency and an emergency, and requires that this chapter become
effective immediately upon its passage.
Proposed amendments to this chapter shall be made in accordance
with the procedures provided by Chapter 40A of the Massachusetts General
Laws on file with the City Clerk. Optional provisions of Chapter 40A
concerning the amendment process are not included in this chapter.
