A.
Site plan required.
(1)
Purpose. The purpose of site plan review and approval
shall be:
(a)
To assist those wishing to build projects within
the City by providing them with the necessary information about the
City's requirements prior to the start of any construction or issuance
of permits.
(b)
To ensure compliance with all applicable codes
and standards.
(c)
To the extent practicable:
[1]
To assure that all elements of site use and
layout are designed so as to protect the public health, safety and
welfare, both on site and off site.
[2]
To maximize convenience, improve visual appearance
and enhance property values.
[3]
To minimize negative environmental impact through
means including both on-site and off-site improvements and other mitigating
measures.
(2)
Prior approval required.
(a)
General. No building permit shall be issued
for and no person shall undertake any use or improvement subject to
this section, including earth movement or site development (except
as noted below), unless site plan approval therefor has been first
granted to such person.
(3)
Applicability.
(a)
General. Except as provided below under Subsection A(3)(b), Exceptions, site plan review and approval shall be required for any of the following: new construction of any building or structure; addition to an existing building or structure; increase in area of on-site parking or loading areas, whether paved or otherwise; change in location of any exterior feature required by the Code of the City of Marlborough, including but not limited to paving, parking, loading areas, access roads, driveways, curb cuts, sidewalks, fencing and exterior storage; reduction of required landscaping or screening; change of use or expansion of use requiring a change in any exterior site requirements identified in Chapter 650, Zoning, or creating a different impact on the surrounding area; change in use of an existing curb cut creating an increase of 10% or more in vehicle trips caused by expansion of the project or by a change of use from one use category to another as listed in Chapter 650, Zoning, Table of Off-Street Parking Requirements, or by addition of a drive-through facility; or as otherwise required by Chapter 650, Zoning.
(b)
Exceptions. The only exceptions to the above shall be installation of new landscaping, ordinary repairs to existing site development work, minor changes in location of existing walkways, parking areas, loading areas or driveways constituting less than 100 square feet additional area (whether paved or unpaved), provided that the changes are in full compliance with Chapter 650, Zoning. Approvals under the Subdivision Control Law[1] shall not apply.
B.
Site plan application.
(1)
MINOR RESIDENTIAL PROJECTS
NONRESIDENTIAL AND MAJOR RESIDENTIAL PROJECTS
Project definitions. For the purpose of this section,
the following definitions shall apply:
One- and two-family dwellings, including all new construction,
additions and site improvements thereto and minor modifications or
site improvements to existing multifamily dwellings which do not increase
the number of parking spaces or dwelling units.
All projects except those listed in the definition of "minor
residential projects" above.
(2)
Preapplication review.
(a)
Minor residential projects. The applicant may request the applicable coordinating department identified in Subsection E(1) to schedule an informal preapplication review to establish submission requirements.
(b)
Nonresidential and major residential projects. The applicant shall request the applicable coordinating department identified in Subsection E(1) to schedule an informal preapplication review, with those people the coordinating department deems appropriate, for the purpose of reviewing preliminary proposals and alternatives. By this means, obviously inappropriate plans may be eliminated, the City may have the opportunity to have input into the planning and design process at its earliest level and submission information can be established.
(3)
Formal submittal. One copy of a site plan shall be submitted to each of the City reviewing departments identified in Subsection E(3) as follows:
(4)
Fees and expenses. To reimburse the City for the cost of site plan processing and review, inspection and other costs, fees as specified in Article III of this chapter shall be tendered to the City by the applicant at the time of application and shall constitute a part thereof.
(5)
Preparation. The site plan shall be prepared and stamped by a registered professional engineer and/or landscape architect, as appropriate, unless either the work is limited to minor modifications or additions to a structure or site not affecting utilities or parking requirements or the requirement is waived by the City coordinating departments identified in Subsection E(1) as being unnecessary for purposes of the particular site, in which case the site plan must be prepared with sufficient clarity and detail to show the nature of the work to be performed.
(6)
Public notice. The applicant shall provide public
notice as follows:
(a)
Applicability. All projects except the following:
[2]
Minor modifications to nonresidential and major residential projects as defined in Subsection B(1) above, provided that said modifications do not increase building floor space by more than 10% or 2,000 square feet, whichever is greater.
[3]
Any project requiring a public hearing for a
special permit or subdivision of land as a result of the particular
application for site plan approval.
(b)
Type of notice. The applicant shall publish a notice in a newspaper of general circulation within the area at least once within two weeks of filing a site plan application. Proof of said publication shall be provided to the coordinating department identified in Subsection E(1) prior to certification of completeness of submission under Subsection E(2).
(7)
Standing to file application. A site plan shall not
be considered valid unless the applicant has written consent of the
owner or owner's agent filed with the application.
C.
Submission requirements. The site plan shall contain
the following information unless waived as indicated below for projects
not requiring such material for purposes of review. Where appropriate,
show existing conditions on one sheet and proposed conditions on a
separate sheet. Sheet size should normally be a maximum of 24 inches
by 36 inches unless otherwise approved as indicated below.
(1)
Minor residential projects: See definition under Subsection B(1). Waivers to submission materials and sheet size may be requested from the coordinating departments identified in Subsection E(1).
(a)
Small additions/site improvements. Submit information necessary for review as determined by the Building Commissioner. All information should be on one sheet, if possible. At a minimum, provide items in Subsection C(2)(a) and (b) below in their entirety. Other information should be limited to details of the specific improvement. All applications must be accompanied by a certified plot plan (survey) of the lot, showing lot lines, dimensions and setbacks.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
(2)
Nonresidential and major residential projects: See definition in Subsection B(1). Waivers to submission materials and sheet size may be requested from the coordinating department identified in Subsection E(1). For small additions or site improvements, submit information necessary for review as determined by the coordinating department, similar to that required in Subsection C(1)(a) above. For new construction and large additions, submit the information listed below:
(a)
(b)
General information on cover sheet:
[1]
Locus map: Show location of site and names of all surrounding streets within 1,000 feet of boundaries of lot. [See item in Subsection C(2)(d)[2] below concerning location of buildings on surrounding lots.] Identify on locus map all other parcels within 1,000 feet in which applicant has any financial interest.
[2]
North arrow.
[3]
Zoning: district in which the property lies
and any zoning district boundary lines which may cross the locus,
including floodplain and wetland protection districts. Show zoning
lines on locus map and other plans, if appropriate.
[4]
The lot: completely dimensioned or show dimensions
on other sheets.
[5]
Lot area: in acres and in square feet.
(c)
Existing conditions. Show existing conditions,
including buildings and structures, setback dimensions, parking, driveways,
landscaped areas, boundaries of wooded areas and wetlands, topography
and drainage easements.
(d)
Proposed buildings and structures:
[1]
Location of all proposed buildings and structures
on the lot and those to remain: Show all building and yard dimensions,
foundation and building limits, including overhangs, porches, decks
and similar appurtenances.
[2]
For proposed nonresidential and multifamily
residential developments: Show approximate location of all existing
buildings on all abutting lots and on lots across street. Use a separate
sheet if necessary or incorporate on locus map.
[3]
Building heights, stories and elevations: number
of stories; elevations of foundation sill, cellar floor and first
floor; and building heights, as defined by zoning.
[4]
Floor areas: building floor areas for each floor
and in total.
(e)
(f)
Floor area ratio (FAR), lot coverage and landscaping:
[1]
FAR and lot coverage: identification of all areas included within lot coverage and landscape areas and calculation of FAR, if applicable, and percentage of lot coverage. (See definitions in Chapter 650, Zoning.) Show calculation on the same sheet.
[2]
Plantings: planting plan in conformance with zoning requirements, showing plantings, fencing and screening. The general planting plan must be submitted with the initial application. A detailed plan with specified plantings can be submitted at a later date with approval of the coordinating department identified in Subsection E(1).
(g)
Topography: existing and proposed topography
at two-foot contour intervals (NGVD datum preferred). Specify the
datum plane on which elevations are based.
(h)
Easements: location and type of any easements
and any drainage system (natural or otherwise) within the site and
within 50 feet of the property, or that may be needed to evaluate
issuance of permit.
(i)
Utilities: location of all existing utilities,
septic systems and wells within 100 feet in any direction of the proposed
work, unless waived by the City Engineer. Also show the location and
all pertinent data relating to the proposed services. If a private
sewage disposal system is involved in the project, a design plan shall
be submitted with the site plan.
(j)
(k)
Erosion control: plan for projects which will
disturb more than 5,000 square feet of surface area.
(l)
Signs: Signs are included as part of a site plan, but the necessary information can be submitted and approved at a later date, at the option of the applicant. The proposed location and general features of all signs shall be submitted before building occupancy. Detailed information shall be shown on a separate plan submitted in accordance with Chapter 526, Signs.
(m)
Impact reports (general):
[1]
Information. In certain cases, particularly
large or complex projects which are expected to create a substantial
or unusual impact, the City Planner or Engineer may require the applicant
to provide relevant reports or other information for purposes of demonstrating
that proposed improvements on site or off site are adequate and will
not create adverse impact on the neighborhood or City. The applicable
City officials shall notify the applicant of this requirement within
a reasonable period of time following submission of the site plan.
[2]
Review. In particular cases where warranted
(see below), the applicant may be required to assist said departments
in review of said reports by providing for independent technical consultants
to review technical reports on behalf of the City. The applicable
City officials shall notify the applicant of the particular circumstances
where such technical assistance may be necessary.
(n)
Traffic impact report (if required). If deemed
necessary for purposes of review by the Planning and Engineering Departments,
a traffic impact report shall be submitted by the applicant for site
plan approval. The report shall, if so required, be prepared by a
professional engineer.
[1]
Scoping meeting to identify streets or intersections
to be studied:
[a]
The streets or intersections to be studied shall
be identified by the City Planner and Engineer within 14 days following
a scoping meeting which the applicant may attend and which shall be
held within 30 days of formal submission.
[b]
The minimum percent of traffic (average daily
or peak hour) generated by the proposed project and having an impact
on the street or intersection to be studied shall be 5%.
[2]
Report content. The report shall generally include
information on the items listed below, unless the scope is modified
by the City Planner and Engineer because of special circumstances,
such as coordination with other projects, with similar reports required
by state agencies, with the City Master Plan or other long-range plans.
No report shall be required if the applicant is required to file an
environmental impact statement for traffic purposes by the Commonwealth
of Massachusetts.
[a]
Provide traffic accident data, average daily and peak hour vehicle volumes, and capacity analysis of streets and intersections scoped as provided for by Subsection C(2)(n)[1] above. The capacity analysis shall include level of service, volume-to-capacity ratio, period of delay, and other measures as appropriate and as defined by the Transportation Research Board of the National Research Council.
[b]
Future "no build" traffic conditions: Provide
similar information to that listed in Subsection C(2)(n)[2][a] above
at the future design year specified for full occupancy of the entire
project or at some other design year specified by the City Planner
based upon long-range City transportation study needs. Include background
growth and impact of other proposed developments, excluding the project
in question.
[c]
Future "build" traffic conditions: Provide similar
information to that listed in Subsection C(2)(n)[2][a] and [b] above
assuming full occupancy of the project, with and without proposed
off-site mitigating road improvements. Alternative measures for mitigation
shall be analyzed if appropriate.
[d]
Traffic mitigation plan: description of proposed
measures for mitigation, identifying those measures committed to by
applicant and those measures proposed to be implemented by others.
Demonstrate how the mitigation plan is coordinated with the City and/or
state long-range plan and/or with other projects in the same general
area. Provide summary of costs of proposed measures, breakdown of
component costs, calculation of pro-rata share of the cost attributable
to the proponent based on impact of the project, and proposed cost
sharing for improvements which may be undertaken by or funded jointly
by others.
(o)
State curb cut permit.
[1]
When the proposed development requiring site
plan approval also requires a state curb cut permit, site plan approval
by the City may be withheld until the applicant submits to the City
Planner and Engineer a copy of the required permits issued by the
Commonwealth of Massachusetts Department of Public Works.
[2]
The applicant shall submit a copy of any application
for a state curb cut permit to both the City Planner and Engineer
at the same time as said application is submitted to the state.
[3]
The location of any curb cut must conform to
the site plan approved by the City. The issuance of any curb cut permit
prior to approval of a site plan shall not constrain the conditions
that may be imposed by the City at site plan approval.
D.
Site plan review criteria.
(1)
Applicability.
(a)
Except as provided for below, the criteria shall
apply to all principal and accessory buildings and structures and
to all exterior site features, however related to the major buildings
or structures.
(b)
Exceptions: The criteria shall not apply to
single- or two-family dwellings on their own lots.
(2)
Criteria. The following criteria shall be considered
by the appropriate departments in the review and evaluation of a site
plan:
(a)
General.
[1]
Purpose. These criteria are intended to provide
general guidance to the applicant in the preparation of plans, as
well as guidelines for review. The criteria are not intended to be
exhaustive, nor to be applied in cases which may prove infeasible
or inappropriate to the particular circumstances. Rather, each site
should respond to its own unique conditions and problems. The criteria
are not intended to discourage creativity, invention and innovation,
but are intended to encourage good design and exemplary projects offering
solutions to problems created on site and off site where possible.
The issues and concerns represented by the criteria enumerated below
shall be addressed in the final site plan.
[2]
Design alternatives. Where an applicant believes
that he or she will have serious practical difficulties in meeting
these criteria or a site situation is presented that may call for
a different approach, then the applicant may, at the applicant's option,
present information which demonstrates this concern in the preliminary
stages of preapplication review. The applicant may also submit for
consideration more than one alternative site plan or part of said
site plan intending to demonstrate the above concerns. City reviewing
departments shall take these design alternatives into account and
shall not be precluded by these criteria from approving a preferred
alternative layout which, in their opinion, results in the best overall
solution for the particular situation and which is also more beneficial
to the City and the neighborhood.
(b)
Urban and natural landscape. The development
shall be integrated into the surrounding urban or natural landscape
and shall be designed to protect abutting properties and community
amenities to the extent practicable and appropriate. Development shall,
to the extent practicable: minimize destruction of unique, valuable,
natural or historical features; minimize removal of mature trees and
vegetation, and where tree coverage does not exist or has been removed,
new planting may be required; maximize retention of open space; minimize
noise and dust; screen objectionable features from neighboring properties
and roadways; provide linkages and foot trails between open spaces
accessible to the public or potentially accessible to the public,
where practical and in accordance with the City's Open Space and Recreation
Plan, Master Plan or Neighborhood Plan, subject to applicable law;
provide important wildlife corridors to preserve existing habitat
or enhance habitat where practical. These criteria shall be used for
review by the Planning and Conservation Departments and others as
may be appropriate.
(c)
Building and service area design and operation:
Buildings shall, to the extent practicable, be related harmoniously
with the prevailing character of buildings in the vicinity that have
a visual relationship to the proposed buildings. The achievement of
such relationship may include siting of buildings, use of appropriate
building materials, screening, breaks in roof and wall lines and other
techniques and shall provide adequate light, air, circulation and
separation between buildings. Variation in detail, form and siting
may be used to provide visual interest and avoid monotony. Exposed
storage areas, machinery, service areas, loading areas, utility buildings
and structures, exterior brightly lighted areas and other unsightly
or noisy uses or uses having a potential adverse impact, if permitted
in the district, shall be clearly identified on the site plan and
shall be set back, buffered, screened or otherwise designed so as
to protect the neighbors from objectionable impact or features. These
criteria shall be used for review by the Planning and Building Departments
and others as may be appropriate. Professional architectural advice
may be sought in the review process where necessary.
(d)
Traffic and pedestrian movement. The plan shall maximize convenience and safety of vehicular and pedestrian movements occurring or likely to occur both within the site and also in relation to ways likely to be affected by traffic from the site. The plan shall demonstrate adequate circulation and access within the site, as well as adequate access to and from the site and along streets affected by the site, and shall include provision for proposed traffic or pedestrian improvements located off site if deemed necessary. [See following Subsection D(2)(e) for determination of adequacy of off-site mitigation.] Streets, sidewalks and raised curbing along the site frontage shall be upgraded to City standards if required. These criteria shall be used for review by the Engineering and Planning Departments and others as may be appropriate. The plan shall also demonstrate the following:
[2]
Efforts to maximize:
[a]
Distance between curb cuts.
[b]
Sharing of curb cuts and common driveways with
adjacent sites or lots, where warranted by traffic or topographic
considerations.
[c]
Interconnection between driveways, parking lots
and pedestrian pathways on adjacent sites or lots, thereby avoiding
congestion and inconvenience caused by use of streets for access to
adjacent sites.
[d]
Separation of pedestrian, bicycle and vehicular
circulation.
[e]
Convenience of circulation system layout in
order to enhance pedestrian and/or public transportation.
[f]
Site distance and safety.
[3]
Parking location and transportation systems
management. Parking location and access may be required to meet City
and/or state policies and plans related to transportation systems
management intended to reduce reliance on the automobile and to reduce
traffic congestion. For example, parking may be better located behind
certain uses, such as offices, in order to encourage pedestrian access
between buildings, public transit, ride-sharing and other modes of
transportation.
(e)
Off-site traffic impact report and traffic mitigation criteria (where required): [See Subsection C(2)(n) for information which may be required in a traffic impact report.] These criteria shall be used for review by the Planning and Engineering Departments and others as may be appropriate. Traffic mitigation criteria shall include the following where appropriate:
[1]
Mitigation measures. Mitigation measures may
include but are not limited to nonstructural measures, e.g., transportation
demand management, arrangement of uses on site, timing of lights,
restriping, etc., as well as structural/engineering solutions, e.g.,
roadways, signalization and lane widening. Nonstructural mitigation
measures should be used first to minimize the amount of traffic generated
by a project, then structural measures should be pursued to minimize
the traffic impacts of a project.
[2]
State guidelines. Mitigation measures should
be developed in a manner compatible with current MDPW/MEPA Guidelines
for EIR/EIS Traffic Impact Assessments, as may be amended and as may
be deemed applicable.
[3]
Conformance to area-wide long-range plan for
traffic. The traffic mitigation plan shall, where possible, be compatible
with long-range plans developed or promulgated by various City or
state departments, agencies or commissions or committees, so that
construction of traffic improvements can take place, in phases if
necessary, with minimal waste or disruption when future improvements
are made by others.
[4]
Commitment to mitigation. Site plan approval
may be subject to an agreement to perform an overall mitigation scheme
or funding program meeting the above criteria.
[5]
Degree of mitigation:
[a]
Pro-rata share. To the extent that the project
impacts on state and/or local transportation systems, the project
proponent shall provide a minimum of its pro-rata share of the cost
of mitigating those impacts. Alternatively, the proponent may be required
to carry out structural/engineering solutions at locations to be identified
by the above-referenced City departments to the extent practicable
and in proportion to their pro-rata share. Where pro-rata share cannot
be established on a formula basis, then a share amount shall be established
which, in the opinion of the above-designated City departments, is
reasonable based on the information in the traffic report and other
relevant information.
[b]
Mitigation design goals:
[i]
Preconstruction or better. For
all intersections and segments, the goal of mitigation is to restore
operations to preconstruction conditions or better.
[ii]
Failing intersections. For failing
intersections (Level of Service E or F) preconstruction, the goal
of mitigation is to provide Level of Service D or better. (This may
require pooling of mitigation funds by several proponents in order
to carry out more costly but more effective long-term improvements.)
[iii]
Coordinated design. For complex or major intersections requiring joint effort by several proponents: Project proponents will be expected to provide mitigation commensurate with the impact of their project in a coordinated manner. Alternative plans may be required prior to approval which address mitigation for any future design year specified by the City Planner under Subsection C(2)(n)[2] commensurate with other projects or planning studies.
(f)
Public safety criteria. The development shall,
at a minimum, provide adequate means for emergency vehicular access,
and the site plan shall be reviewed for any factor affecting public
safety. These criteria shall be used for review by the Police and
Fire Departments and others as may be appropriate.
(g)
Storm drainage and erosion control. The site
plan shall show adequate measures to prevent pollution of surface
water or groundwater, to minimize erosion, sedimentation, increased
rate of runoff and potential for flooding and other adverse impacts
on abutting property. Drainage shall be designed so that the downstream
rate of runoff shall not be increased. These criteria shall be used
for review by the Engineering and Conservation Departments and others
as may be appropriate.
(i)
Sewer and water. The development shall be serviced
by adequate water supply and waste disposal systems and shall not
place excessive demands on City infrastructure. These systems shall
be in conformance with the City Master Plan or long-range plan for
such infrastructure. These criteria shall be used for review by the
Engineering Department and others as may be appropriate and, in cases
where septic systems are required, by the Board of Health.
(j)
Utilities. Electric, telephone, cable television
and other such utilities shall be underground where physically and
environmentally feasible. These criteria shall be used for review
by the Engineering and Planning Departments and others as may be appropriate.
(k)
Advertising features. The size, location, lighting and materials of all exterior signs shall conform to Chapter 526, Signs, as amended. The design of signs and abutting features shall not detract from the design of proposed buildings and structures and the surrounding properties. All signs shall be reviewed as an integral element in the design and planning of all development on the site, and all existing signs on site shall be brought into conformity as a requirement of site plan approval. These criteria shall be used for review by the Planning and Building Departments and others as may be appropriate.
(l)
Construction impact. The development shall minimize
dust, noise, erosion, inconvenience or other disturbance during the
construction process. These criteria shall be used for review by the
Planning, Building, Engineering and Conservation Departments and others
as may be appropriate.
(3)
Time limit for compliance. All exterior site conditions
existing at the time of adoption of this section shall be brought
into compliance with this section to the maximum practical extent
at the time when a new site plan or an amended site plan is required
as specified by this section and before use or occupancy or change
of use or occupancy of said site, subject to MGL Chapter 40A et al.
If any elements of the existing development are nonconforming with
zoning, they shall be upgraded so that they conform after the new
proposal has been completed, to the maximum practical extent.
(4)
Plan modifications. Before issuing approval of a site
plan, the reviewing departments may request the applicant to make
modifications in the proposed design of the project to ensure that
the above criteria are met.
(5)
Conditions. Site plan approval may be subject to conditions,
modifications and restrictions imposed by the reviewing departments
identified below. Such conditions may include requirements for contributions
toward or implementation of off-site improvements needed as a result
of the impact of the development, restrictions on the use of curb
cuts accessing the site and requirements for securing the performance
of all proposed work, including proposed off-site improvements, by
a performance bond, covenant or similar instrument as appropriate.
E.
Approval action by City departments.
(1)
Review and coordination.
(a)
Coordinating department. The department identified below shall be the City coordinating department responsible for determining the requirements deemed applicable to the site plan and shall assist applicants by providing information about the City's requirements. In addition, said department shall coordinate review by other City departments responsible for site plan review as indicated in Subsection E(3) below:
(2)
Certification of completeness of application.
(a)
Certification. The coordinating department [identified in Subsection E(1) above] shall, within 30 days, review the material submitted with any formal written application as defined in Subsection B(3) and shall certify as to the completeness of the application. Said certification shall not imply that the application will be approved nor limit the conditions or modifications that may be required prior to site plan approval.
(b)
Completeness. A submission shall not be considered complete until all items required under Subsections B and C, including impact reports required under Subsection C(2)(m) and (n), have been properly completed and submitted, until any environmental impact reports required by the Commonwealth of Massachusetts have been certified as adequately complying with state requirements, and until any special permit or variance required by Chapter 650, Zoning, has been granted. Any order of conditions required from the Conservation Commission may be issued after certification of completeness.
(3)
City departments responsible for final review and
approval.
(a)
Minor residential projects: See definition in Subsection B(1). Site plan approval shall be required from the Engineering and Building Departments and, in addition, the Conservation Department, Board of Health and other departments as may be necessary, if so required by the Building Commissioner in writing.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
(b)
Nonresidential and major residential projects.
Site plan approval shall be required from the following City departments:
Planning, Engineering, Building and, in addition, Conservation, Fire,
Police, Board of Health and other departments as may be necessary,
if so required by the City Planner in writing.
(4)
Final action by City departments.
(a)
Transmittal. Final action by each department designated above shall be transmitted in writing to the coordinating department identified in Subsection E(1) above.
(b)
Final action shall consist of either:
[1]
Approval of the site plan as submitted;
[2]
Approval of the site plan subject to conditions, modifications and/or restrictions set forth therein which, in the opinion of the City reviewing departments, are necessary to cause the site plan to meet the site plan review criteria set forth in Subsection D; or
[3]
Denial of the application for site plan approval if, in the opinion of the City reviewing departments, the application is incomplete or the site plan fails to meet any one or more of the site plan review criteria set forth in Subsection D and the applicant fails or declines to make such amendments to the site plan as are necessary to cause the site plan to meet said criteria.
(c)
Time period for action. Except as provided below
under extensions of time, final action of the City reviewing departments
shall be made within the time periods specified below following the
date of certification of completeness of application:
(d)
Extensions of time for final action: A department
may communicate to the applicant the necessity for an extension of
time, based upon clearly defined reasons. Said extension shall not
exceed a period of 60 days unless agreed to in writing by the applicant
and the reviewing departments.
(e)
Resubmittal of denied site plan: The applicant may, at the applicant's option, resubmit at any time a site plan with such modifications necessary to correct the reasons for denial. The City reviewing departments shall act on said resubmittal within the time periods provided in Subsection E(4)(c) above. Application fees for a resubmittal shall be 25% of any fees for a new submittal, provided that said resubmittal shall occur within one year of denial.
(5)
Certification of final site plan: As provided for by Subsection H, the City reviewing departments may adopt rules relating to the procedure for administration and recordkeeping of final action and approval of final site plans. Said procedures may include but shall not be limited to certification by all appropriate City reviewing departments of an approved final site plan incorporating all changes and with conditions, if any, attached in writing.
(6)
Deviations from final site plan: Deviations may be
allowed under the following circumstances:
(7)
As-built site plan required upon completion. Upon
completion of the project requiring such site plan and prior to the
issuance of an occupancy permit, there shall be forwarded to the Department
of Public Works, Engineering Division, site plans depicting as-built
conditions, as follows:
(8)
Implementation and completion of plan.
(a)
Time period. An approved or conditionally approved
site plan shall be carried into effect and completed by the applicant
within two years of the date of final action.
(b)
Extensions of time. The City coordinating departments [identified in Subsection E(1) above] may, at the time of the approval or conditional approval of any site plan or thereafter, upon application therefor, grant such extensions of time, each not longer than one year, as they shall deem necessary to carry the site plan into effect.
(9)
Reapplication and resubmission.
(a)
General. Any reapplication and resubmission required shall be in accordance with the provisions of the Code of the City of Marlborough at the time of reapplication. Submission materials required for reapplication shall be as deemed necessary by the coordinating departments identified in Subsection E(1) above.
(b)
Nothing herein shall be deemed to extend the
time periods for compliance with other state or local ordinances.
F.
Prior earthmoving.
(1)
Purpose. This section is intended to protect the public
health, safety and welfare and the natural environment from destructive
earthmoving operations prior to receiving approval of final site plans,
while allowing commencement of prior earthmoving under certain safeguards.
(2)
Definitions. For the purposes of this section, "prior
earthmoving" shall mean the removal, fill or change of grade of earth
materials and the cutting of wooded areas which are undertaken in
order to establish new uses on the site or to construct or locate
buildings and features accessory thereto such as ways, driveways,
areaways, walks or parking areas, and these activities shall be considered
a part of construction and development.
(3)
Prior approval required. Prior earthmoving for the purposes defined above shall be subject to approval under this section. See Subsection A(2)(b).
(5)
Preliminary site plan. Where prior earthmoving is
intended to precede construction by several months, the submission
and approval of the site plan may be undertaken in two stages at the
option of the applicant: a preliminary site plan stage and a final
site plan stage.
(6)
Submission requirements. The information for the preliminary
site plan shall be less than required for the final site plan. The
information shall be limited to property boundaries, existing and
proposed topography at two-foot or lesser contour intervals, the general
character of soil to be removed (based on classification of the United
States Soil Conservation Service) or soil to be added or relocated,
the location of woodlands, wetlands and floodplains, the location
and depth of any utility conduits or pipes and the approximate location
of any existing and proposed buildings, structures, driveways or physical
features accessory thereto. Other material shall be submitted only
if deemed necessary by the reviewing departments.
(7)
Review and approval.
(a)
The procedure for review and approval of preliminary site plans shall be identical to the procedure established above for final site plans, except that the reviewing departments shall be limited to Planning, Engineering, Building and Conservation and shall not include other departments unless required by the coordinating department identified in Subsection E(1).
(b)
The preliminary site plan shall be treated as
a separate site plan for the purposes of this section, and the approval
of the preliminary stage of a site plan shall not be construed to
assure the subsequent approval of the final site plan.
G.
Enforcement.
(1)
Building permit effective date. A final site plan
must be approved prior to issuance of a building permit which may
otherwise be required for the development.
(2)
Compliance prior to issuance of certificate of use and occupancy. No certificate of use and occupancy shall be granted until the provisions outlined in § 270-6C have been complied with.
(3)
License or permit (if required). Approval of any license
or permit application or license or permit renewal pending before
any City board, agency or commission administering a municipal ordinance
or regulation may be withheld at the discretion of said board, agency
or commission until notification by the Building Commissioner or other
department responsible for site plan review and approval that the
development and any associated on-site or off-site improvements comply
with the approved final site plan and any conditions imposed thereon.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
(6)
Enforcement officer.
(a)
Designated officer: The Building Commissioner
is hereby authorized and directed to enforce all of the provisions
of this article.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
(b)
Site inspections. The City reviewing departments,
their agents, officers and employees shall have the authority to enter
upon privately owned land for the purpose of performing their duties
for the administration and review of this chapter and may make or
cause to be made such examinations, inspections or surveys as said
departments deem necessary.
(7)
Penalties.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
(a)
Any owner of property who violates or permits
a violation of this section shall be subject to a fine of $50 per
day, said fine to be assessed each and every day the violation continues
after issuance of a violation notice by the Building Commissioner
upon the identified violator. All fines shall be payable to the City
of Marlborough through the City Clerk's office.
(b)
In addition to the procedures for enforcement
as described above, the provisions of this chapter, the conditions
of an approval granted under this chapter or any decisions rendered
by the City reviewing departments under this chapter may be enforced
by the Building Commissioner by noncriminal complaint pursuant to
the provisions of MGL c. 40, § 21D. The fine for any violation
disposed of through this procedure shall be $50 for each offense.
Each day such violation continues shall be deemed a separate offense.
H.
Rules on procedure. The departments responsible for
site plan review and approval may, upon joint agreement, periodically
amend or add rules and regulations relating to the procedures and
administration of this section. The Planning Department shall be responsible
for issuing the rules, if any.
I.
Appeals. Appeals from this chapter shall be governed
by MGL Chapter 40A.
A.
Permit required. When the lot to be built on abuts a state highway or City street or requires a state curb cut permit for any reason, the application for a building permit shall be accompanied by approval in writing issued by either the State Department of Public Works or the City of Marlborough Department of Public Works, or both, as the specific application may require, for any driveway openings, road openings and any and all connections for water, sewer or surface water drainage. Such requirement shall be extended to all applications for a building permit, including such special permits or variances as are issued by the City Council or any other City agency as specified under the regulations of Chapter 650, Zoning.
B.
Conformance to site plan. The location of any curb
cut must conform to the approved site plan. The issuance of a curb
cut permit prior to approval of a site plan shall not constrain the
conditions that may be imposed at site plan approval.
C.
Conditions of permit. In all cases, said curb cut permit shall automatically be limited to the project granted site plan approval. Any substantial change in use of the curb cut (see below) shall require modification of the permit or application for a new permit which may contain new restrictions. "Substantial change" shall mean an increase of 10% or more in vehicle trips caused by expansion of the project or by a change of use from one category to another as listed in the Table of Off-Street Parking Requirements in Chapter 650, Zoning, of the Code of the City of Marlborough, or by addition of a drive-through facility or a substantial impact on traffic caused by a change in the type, pattern or timing of such traffic.
A.
Permit required.
(1)
Buildings.
(a)
General. No building, structure or mobile home
shall be erected, enlarged or altered by any person (except as noted
below), unless a building permit therefor has been first granted by
the Building Commissioner to such person.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
(b)
Exception. The only exception to the above shall
be ordinary repairs, as defined by the State Building Code, and one-story
accessory wooden buildings less than 65 square feet, provided that
they meet the zoning yard requirements and are not for human occupancy.
(2)
Site work not including building or structure. No work described under § 270-2A(2) and (3) governing applicability of site plans shall be undertaken by any person unless approval therefor has first been granted by the Building Commissioner to such person. The only exceptions to the above shall be as listed under § 270-2A(3)(b). Unpaved or gravel areas shall not be paved without receiving prior approval therefor.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
B.
Applications. Any person seeking a building permit
shall file an application for such permit with the Inspector on forms
furnished by the Building Commissioner.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
C.
Construction standards. The applicant for a building
permit shall submit plans and specifications for such work or buildings
as required by the State Building Code.
D.
Review and approval. The plans and specifications in Subsection C above shall be submitted to the Building Commissioner and any other department or agency the Building Commissioner designates for examination, approval and filing.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
E.
Effective date. Such application shall not be considered
complete and shall not take effect until a final site plan, if applicable,
has been approved under this chapter.
A.
Demolition permit required. Any person seeking to
raze, demolish or remove a building or significant portions thereof
shall first apply for a demolition permit from the Building Commissioner.
No demolition permit shall be issued until after debris removal requirements
have first been complied with.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
C.
Extermination required.
(1)
Requirement. Extermination may be required by the
Board of Health before issuance of a permit to demolish. The building
owner or his agent shall carry out effective measures for rodent extermination
over the entire premises.
(2)
Method of extermination. The method of extermination
employed shall be in successful use locally and shall meet with the
prior approval of the Board of Health. Upon completion of the extermination
work, the building owner or his agent shall present a statement to
the Board of Health that the extermination of rodents has been carried
out by the use of acceptable methods. The Board of Health shall then
review the methods used, inspect the premises, and, if the results
are satisfactory to the Board, it will issue a letter to the Building
Commissioner informing him of the satisfactory completion of the requirement.
The Building Commissioner shall then issue the demolition permit if
all other requirements of the application for the permit have been
met.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
A.
Certificate required. No person shall use or occupy
any building of any type, mobile home or portion thereof before a
certificate of use and occupancy is issued for such use by the Building
Department, in accordance with the provisions of the State Building
Code.
B.
Applicability and application. The owner of any building
being built, altered, remodeled or modified in use shall be responsible
for arranging for inspections by the various departments listed on
the application for occupancy and shall submit a completed application
to the Building Department.
C.
Conformance to site plan and Sign Ordinance. No certificate shall be granted by the Building Commissioner until the development, including buildings, site work, landscaping, signs and any associated off-site improvements, conforms to the approved final site plan and all conditions imposed on the final site plan have been complied with and until all signs are in conformity with the requirements of Chapter 526, Signs.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
D.
Temporary certificate. Notwithstanding the above,
a temporary certificate may be granted subject to conditions for completion
of work.
[Amended 10-6-2014 by Ord. No. 14-1005921A]
At the option of the Building Commissioner,
prior to issuance of a certificate of use and occupancy, and upon
satisfactory completion of a building or structure, or part thereof,
the Building Commissioner may issue a certificate of completion for
said project, such that it meets the terms of the approved building
permit. The issuance of a certificate of completion shall not be authorization
for use or occupancy.
[Added 8-16-2004 by Ord.
No. 04-100377C]
A.
Plumbing and/or gas fitting shall not be installed, altered, removed,
replaced or repaired until the Inspector of Plumbing has issued a
permit therefor. Any application for such permit shall be made to
the Inspector of Plumbing and shall contain a statement of the work
performed, the location of the building, the name of the legal owner
of said property and the names of the persons for and by whom the
work is to be done. Each permit which is issued by the Inspector of
Plumbing shall be subject to the express conditions set forth therein
as to compliance with all provisions of the statutes, rules and regulations
promulgated by the Commonwealth of Massachusetts and found in the
Uniform Plumbing Code (248 CMR 10.00) which relate to plumbing. A
separate permit shall be required for each building.
B.
Permits to perform plumbing work shall be issued to licensed plumbers
only. Permits to perform gas fitting work shall be issued to licensed
plumbers or licensed gas fitters only.
C.
All new plumbing and/or gas fitting work and such portions of existing
systems as may be affected by new work or any changes shall be inspected
to ensure compliance with all the requirements of 248 CMR and to ensure
that the installation and construction of the plumbing system is in
accordance with the approved plans.
D.
Nothing contained herein shall restrict the Plumbing Inspector from
enforcing the provisions of the State Plumbing Code.
E.
No person shall aid or abet any plumber to violate the provisions
of this section or any provision of 248 CMR; connive at its violation;
or employ an unlicensed person or permit his employment in the performance
of any work, which is required by 248 CMR to be done by a plumber.
F.
Any person violating this section or any section of the State Plumbing
Code (248 CMR) shall be punished by a fine as established by the said
Code or in the alternative by a noncriminal disposition as referred
to in the Code of the City of Marlborough § 315-2B(25).
[Added 6-7-2004 by Ord. No. 04-100395B]
A.
Permit application: It shall be unlawful to construct,
reconstruct, alter, repair, remove or demolish a building or structure
where such activities are regulated by 780 of the Code of Massachusetts
Regulations (hereinafter referred to as the "State Building Code"),
or to change the use or occupancy of a building or structure; or to
install or alter any equipment for which provision is made or the
installation of which is regulated by 780 of the Code of Massachusetts
Regulations (hereinafter referred to as the "State Building Code")
or by an ordinance of the City of Marlborough (hereinafter referred
to as the "City Code"), without first filing a written application
with the Building Commissioner (hereinafter referred to as ”Commissioner")
and obtaining the required permit therefor.
B.
Maintenance. All buildings and structures and all
parts thereof, both existing and new, and all systems and equipment
therein which are regulated by either the State Building Code or by
City Code shall be maintained in a safe, operable and sanitary condition.
All service equipment, means of egress, devices and safeguards that
are required by the State Building Code or by City Code in a structure
or building or which were required by a previous statute, Building
Code or City Code in a building or structure when erected, altered
or repaired shall be maintained in good working order.
C.
Inspection of premises. The Commissioner shall have
the right to enter upon the property of any person if he has reason
to believe that any provision of the State Building Code or City Code
is being violated. The Commissioner shall provide written notification
to the owner of said property of the date and time of the proposed
inspection. Any person who hinders or prevents or attempts to prevent
the Commissioner or his agents from entering any building, structure
or enclosure or part thereof in the performance of his duty in the
enforcement of any provision of this section or any other provision
of the City Code, the laws of the commonwealth and/or the State Building
Code relating thereto shall be punished by a fine of $100 per offense.
Each day during which the person shall be in violation of this section
shall constitute a separate offense.
D.
Unlawful continuance. Any person or any landowner
who shall continue any work in or about the building or structure
after having been served with a stop-work order pursuant to the State
Building Code, except such work as that person is directed to perform
to remove a violation or unsafe condition, shall be liable to a fine
of not more than $300 per offense. Each day during which a violation
exists shall constitute a separate offense.
E.
Violations. Whoever violates any provision of the
State Building Code or of this section, except any provision contained
within this section which provides for a specific penalty, shall be
liable to a fine of not more than $300 per offense. Each day during
which a violation exists shall constitute a separate offense.
F.
Enforcement. Nothing contained within this section
shall prohibit the Commissioner from proceeding against any individual
for a violation of the State Building Code in any criminal court of
jurisdiction or by seeking any other avenue of redress, thereunder,
against any individual in law and/or equity.
[Added 5-5-2014 by Ord.
No. 14-1005649B]
A.
The Marlborough Fire Department requires that, in accordance with
780 CMR 916.1, et seq., of the Code of Massachusetts Regulations,
as amended, all new buildings and new additions to existing buildings
provide reliable radio communications for emergency responders within
the building based upon the existing coverage levels of the Marlborough
Fire Department and the Marlborough Police Department communication
systems at the exterior of the building. This section shall not require
improvement of existing public safety communication systems.
[Amended 1-7-2019 by Ord.
No. 18/19-1007481B]
B.
The installation and operation of radio-based Fire Department communication
systems must comply with the document entitled "Marlborough Fire Department
Bi-Directional/Unidirectional Antenna Specifications For In-Building
Fire Department Radio Coverage In Buildings," which document may be
obtained at the Marlborough Fire Department and is incorporated herein
by reference. The Marlborough Fire Department is authorized to promulgate
and amend, from time to time, said regulations. No radio-based Fire
Department communication systems shall be installed or operated without
first filing with the Marlborough Fire Department a written application
and obtaining a permit therefor. No occupancy permit shall be issued
by the Building Department without said permit, or a written waiver
therefrom by the Marlborough Fire Department.
