10.1.1.
Administrative official. It shall be the duty of the Building
Inspector to administer and enforce the provisions of this bylaw.
10.1.2.
Permit required. It shall be unlawful for any person to erect,
construct, reconstruct or alter a structure without applying for and
receiving from the Building Inspector a building permit. It shall
be unlawful for any person to change the use or lot coverage, or extend
or displace the use of any building, structure, or lot without applying
for and receiving from the Building Inspector a use permit.
10.1.3.
Previously approved permit. The status of previously approved
permits shall be governed by MGL c. 40A, § 6.
10.1.4.
Certificate of occupancy required. It shall be unlawful to occupy
any structure or lot for which a building or use permit is required
herein without the owner applying for and receiving from the Building
Inspector a certificate of occupancy. The Building Inspector shall
take action within 10 days of receipt of an application for a certificate
of occupancy. Failure of the Building Inspector to act within 10 days
shall be considered approval.
1.
The certificate of occupancy shall state that the building and use
comply with the provisions of the Zoning Bylaw and of the State Building
Code in effect at the time of issuance. No such certificate shall
be issued unless the building and its use and its accessory uses and
the uses of all premises are in conformance with the provisions of
this bylaw and of the State Building Code at the time of issuance.
A certificate of occupancy shall be conditional on prior approval
of the Board of Health where applicable, on the adequacy of parking
space and other facilities as required by this bylaw and shall lapse
if such areas and facilities are used for other purposes.
2.
A certificate of occupancy shall be required for any of the following
in conformity with the Building Code and this bylaw:
3.
Certificates of occupancy shall be applied for coincidentally with
the application of a building permit, and shall be issued within 10
days after the lawful erection or alteration of the building is complete
and after the Building Inspector has received a plan(s) for the erection
or alteration as it was actually constructed, commonly referred to
as "as-built plans." Such certificates of occupancy shall be posted
by the owner of the property in a conspicuous place for a period of
not less than 10 days after issuance. A temporary certificate of occupancy
may be issued where a bond or similar means is used to secure the
construction for a designated period of time.
4.
Prior to the issuance of a certificate of occupancy for a building
or structure under this section, the Building Inspector and/or the
Building Official must be satisfied that the roadway system abutting
and/or providing access to a lot which the building or structure is
located has been finished with at least one course of bituminous concrete
surfacing or other required bituminous road surfacing material. If
a street or way is not under the jurisdiction of the Planning Board
by an approval under the Subdivision Control Law,[1] such street or way shall be subject to the submission
of a certified check or similar security payable to the Town of Stoughton
in a sufficient amount to cover the required surfacing, subject to
approval of the Town Manager, prior to the time a building permit
is issued.
[1]
Editor’s Note: See MGL c. 41, § 81K et seq.
10.1.5.
Permit and certificate fees. Fees shall be as established by
the Board of Selectmen.
10.1.6.
Permit time limits. Any work for which a permit has been issued
by the Building Inspector shall be actively prosecuted within six
months and completed within one year of the date of the issuance of
the permit. Any permit issued for a project which is actively prosecuted
for one year may be extended at the discretion of the Building Inspector.
10.2.1.
Violations. The Building Inspector shall serve a notice of violation
and order to any owner or person responsible for the erection, construction,
reconstruction, conversion, alteration of a structure or change in
use, increase in intensity of use, or extension or displacement of
use of any structure or lot in violation of any approved plan, information
or drawing pertinent thereto; or in violation of a permit or certificate
issued under the provisions of this bylaw, and such order shall direct
the immediate discontinuance of the unlawful action, use or condition
and abatement of the violation. Any owner who has been served with
a notice and ceases any work or other activity shall not leave any
structure or lot in such a condition as to be a hazard or menace to
the public safety, health, morals, or general welfare.
10.2.2.
Prosecution of violation. If the notice of violation and order
is not complied with promptly, the Building Inspector or the Selectmen
shall institute the appropriate action or proceeding at law or in
equity to prevent any unlawful action, use or condition and to restrain,
correct, or abate such violation. Penalties for violations may, upon
conviction, be affixed in an amount not to exceed $300 for each offense.
Each day or portion of a day that any violation is allowed to continue
shall constitute a separate offense.
10.2.3.
Noncriminal disposition. In addition, this bylaw may, in the
discretion of the Town Official who is the designated enforcing person,
be enforced by way of the method provided in MGL c. 40, § 21D.
"Enforcing person" as used in this section shall mean the Building
Inspector and any police officer in the Town of Stoughton.
10.2.4.
Fines. Fines shall be as follows:
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1st offense, within preceding 12-month period
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$50
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2nd offense, within preceding 12-month period
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$100
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3rd offense and each subsequent offense, within preceding 12-month
period
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$300
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10.3.1.
Membership. There shall be a Board of Appeals of five members
and five associate members.
10.3.3.
Powers of the Zoning Board of Appeals. The Zoning Board of Appeals
shall have the following powers:
1.
Appeals. To hear and decide an appeal taken by any person aggrieved
by reason of his inability to obtain a permit from any administrative
official, or any person aggrieved by any order or decision of the
Building Inspector or any other administrative official in violation
of any provision of Chapter 40A, General Laws, or of this bylaw.
2.
Special Permits. To grant a special permit when designated as the
Special Permit Granting Authority by this bylaw.
3.
Variances. To authorize upon petition or appeal with respect to a
particular parcel of land or structure thereon a variance from the
terms of this bylaw where the Zoning Board of Appeals specifically
finds that owing to circumstances relating to the soil conditions,
shape, or topography of such land or the location of structures especially
affecting such land or structures but not generally the district in
which it is located, a literal enforcement of the provisions of this
bylaw would involve substantial hardship, financial or otherwise,
to the appellant or petitioner and that desirable relief may be granted
without substantial detriment to the public good and without nullifying
or substantially derogating from the intent and purpose of this bylaw.
Use variances shall be prohibited.
4.
Comprehensive permits: to grant a comprehensive permit pursuant to
MGL c. 40B.
10.3.4.
Rules and regulations; fees. The Zoning Board of Appeals shall
adopt rules and regulations, including fees, for the conduct of business
and for the purpose of this bylaw and Chapter 40A of the General Laws,
and shall file a copy of such rules and fees with the Town Clerk.
10.4.1.
Establishment. The Planning Board shall consist of five appointed
members.
10.4.3.
Rules and regulations; fees. The Planning Board shall adopt
rules and regulations, including fees, for the conduct of business
and for the purpose of this bylaw and Chapter 40A of the General Laws,
and shall file a copy of such rules and fees with the Town Clerk.
10.5.1.
Special permit granting authority. The Board of Appeals, Planning
Board, and the Board of Selectmen shall be the special permit granting
authority (SPGA) as specified in the various sections of this bylaw
and shall hear and decide applications for special permits.
10.5.2.
Criteria. Special permits shall be granted by the SPGA, unless
otherwise specified herein, only upon its written determination that
the adverse effects of the proposed use will not outweigh its beneficial
impacts to the Town or the neighborhood, in view of the particular
characteristics of the site, and of the proposal in relation to that
site. In addition to any specific factors that may be set forth in
this bylaw, the determination shall include consideration of each
of the following:
1.
Social, economic, or community needs which are served by the proposal;
2.
Traffic flow and safety, including parking and loading;
3.
Adequacy of utilities and other public services;
4.
Neighborhood character and social structures;
5.
Impacts on the natural environment; and
6.
Potential fiscal impact, including impact on Town services, tax base,
and employment, taking into account any proposed mitigation.
10.5.3.
Application. The SPGA may adopt additional rules relative to
the issuance of special permits and shall file a copy with the Town
Clerk. The rules shall prescribe a size, form, contents, style, and
number of copies of plans and specifications and the procedure for
submission and approval of such permits.
10.5.4.
Conditions. The SPGA may impose additional conditions and limitations
as it may deem necessary.
10.5.5.
Regulations. The special permit granting authority may adopt
rules and regulations for the administration of this section.
10.5.6.
Fees. The special permit granting authority may adopt reasonable
administrative fees and technical review fees for applications for
special permits.
10.5.7.
Lapse. Special permits shall lapse if a substantial use thereof
or construction thereunder has not begun, except for good cause, within
24 months following the filing of the special permit approval (plus
such time required to pursue or await the determination of an appeal
referred to in MGL c. 40A, § 17, from the grant thereof)
with the Town Clerk.
[Amended 10-19-2020 STM, Art. 14
10.6.1.
Purpose. The purpose of site plan approval is to protect the
health, safety, convenience and welfare of the inhabitants of the
Town of Stoughton by providing a comprehensive review of the land
and development plans submitted to the Town for approval to ensure
that the following conditions have been met:
1.
The location of buildings, uses and other site development(s) are
properly and legally located on a site as prescribed by the Zoning
Bylaw.
2.
Adjacent properties are protected from nuisance(s) caused by noise,
traffic, odors, noxious or harmful fumes, stormwater runoff and glare
of lights.
3.
Significant natural features on a site are preserved as much as possible
(i.e., hills, water bodies, wetlands, certified vernal pools, streams
(intermittent or otherwise), trees, tree groves, wooded areas, rock
outcrops, native plants, wildlife habitats and other areas of aesthetic,
ecological and historical interest).
4.
Adequate facilities for off street parking and loading, drainage,
snow storage and/or removal, fire protection and methods of solid
waste disposal are provided on site.
5.
Pedestrian ways, access/egress driveways, internal circulation, loading
areas and parking facilities are properly designed and operated for
public convenience, universal accessibility and public safety.
6.
Economic development is promoted by "smart" land use decisions.
10.6.2.
Projects requiring site plan approval. The purpose of site plan
review and approval is to allow the Town an opportunity to review
projects that meet certain thresholds in scope that are allowed by
right and the ability to impose reasonable conditions on their approval
to mitigate the impacts on the surrounding area. Full site plan review
requires a public hearing before the Planning Board and a pre-application
meeting with municipal department heads. Administrative site plan
review only requires a meeting with department heads. If there a question
of which level of review is required, the Town Planner, the Town Engineer
and the Building Commissioner shall make the determination.
1.
Full site plan review.
a.
For all of the following structures that are 500 square feet
or more of gross floor area: All new construction or exterior expansion
or renovation of multifamily dwellings (three or more units), mixed-use
buildings or any nonresidential buildings; or
[Amended 5-2-2022 ATM by Art. 23]
b.
Change of use that requires the addition or relocation of five
or more parking spaces; or
c.
Any change in the location of the vehicular access or egress
to a nonresidential property; or
d.
Drive-through facilities or;
e.
Increase in impervious area of 1,000 square feet or more; or
f.
Any fast-food establishment; or
g.
Removal of more than 100 cubic yards of materials (loam, sand,
gravel, stone or any other earth material) in the aggregate from any
lot or contiguous lot(s).
2.
Administrative site plan review.
a.
For all of the following structures that are less than 500 square
feet of gross floor area: All new construction or exterior expansion
or renovation of multifamily dwellings (three or more units), mixed-use
buildings or any nonresidential buildings of less than 500 square
feet of gross floor area (GFA); or
[Amended 5-2-2022 ATM by Art. 23]
b.
Exterior alteration or renovation of an existing nonresidential
or mixed-use building or premises, visible from a public or private
street or way which includes any of the following:
c.
Change of use that requires the addition or relocation of less
than five parking spaces; or
d.
Increase in impervious area of less than 1,000 square feet;
or
e.
The creation of any nonresidential outdoor storage area(s) for
vehicles, machinery or supplies.
f.
The redesign of the layout/configuration of an existing parking
area of 10 or less parking spaces; or
g.
The relocation of handicapped parking spaces pursuant to 521
CMR as most recently amended.
|
Note: Gross square footage of the building shall be calculated
using the outside dimension of the building footprint for each floor.
|
10.6.3.
Exemptions. The following alterations or construction operations
are exempt from the provisions of the Site Plan Review Bylaw:
1.
Increase in landscaping or shifting of landscaping locations, subject
to no change in the plant list quantities, size or vegetation types
(i.e., groundcovers, shrubs, flowering trees, shade/street trees),
with exception to landscaping approved for buffering or to meet buffering
requirements of this bylaw.
2.
Changes to infrastructure and utility provisions/apparatus with written
approval by the Engineering Department and the agency responsible
for the utility, with exception to traffic mitigation.
3.
The
construction of an individual single-family or two-family dwelling
structure on a single lot.
[Added 5-2-2022 ATM by Art. 23]
10.6.4.
Pre-filing procedure. Prior to filing a site plan approval application,
the applicant is required to schedule a meeting to review the proposed
site plan with all relevant Town departments. This shall include the
Town Planner, the Building Department, the Board of Health, the Public
Works Department, the Engineering Department, the Fire Department,
the Police Department, the Assessor's Department, the Conservation
Agent and the Economic Development Director. The purpose of this pre-filing
meeting is to review with the applicant the requirements and criteria
for site plan approval and address questions and comments in order
to give the applicant guidance prior to submitting a site plan approval
application and thus avoid unnecessary time and costs to the applicant
due to unforeseen problems and issues with a submitted site plan.
The applicant shall also obtain a zoning determination letter from
the Building Commissioner that provides the reason(s) the project
requires site plan approval, the level of review required and reference
to the applicable section(s) of the Zoning Bylaws.
10.6.5.
Application submittal and circulation. Application for a site
plan approval application cannot be made prior to the completion of
a pre-filing meeting. At the time of filing, the applicant must submit
14 copies of a completed site plan application, six copies of the
full-sized site plan, nine copies of eleven-inch-by-seventeen-inch
site plan, eight copies of the development impact report (§ 10.6.10),
three copies of the stormwater management plan and report (§ 10.6.11)
and drainage calculations, five copies of the traffic report (if applicable)
and one electronic copy, conforming to all of the requirements listed
in this Bylaw, along with a copy of the zoning determination letter
from the Building Commissioner, any pre-filing comments received,
to the Planning Board. Additionally, a copy of the site plan application
(without plans) shall be filed with the Town Clerk. The plans will
be forwarded to the following departments for review and comment:
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Building Department
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|
Public Works Department
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|
Board of Health
|
|
Conservation Commission
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Fire Department
|
|
Police Department
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Engineering Department
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Each department shall make every effort to have all
comments submitted to the Planning Board by the opening of the public
hearing by the Planning Board. These comments shall be available for
review at the Engineering Department.
No public hearing will be scheduled until a full submission
has been made to the satisfaction of the Town Planner and the Engineering
Department.
10.6.6.
Public notice. No less than 14 days prior to the date of the
public hearing, the Applicant shall advertise the public hearing in
a newspaper of local circulation, and shall send written notice, by
first class mail, in conformance with MGL c. 40A, § 11.
Legal advertisement and all required postage shall be paid by applicant
and the certified mailings will be sent by the Planning Department.
The legal advertisement and abutter notification shall include, at
a minimum, the following information:
[Amended 5-2-2022 ATM by Art. 23]
1.
The name and, if applicable, the business name and address of the
applicant.
2.
The street address and the assessor's map and lot number of the property
as specified on the site plan application on which construction or
expansion is planned.
3.
A brief description of the type of construction or expansion planned.
4.
The designated Town office where the site plan application can be
reviewed.
5.
The date, time and place of the public hearing.
10.6.7.
Public hearing. A public hearing on the site plan application
shall be scheduled within 45 days of filing. Failure of the Planning
Board to hold a public hearing within 45 days shall be deemed as constructive
approval, unless submission requirements have not been met by the
applicant, upon which the Town Clerk shall issue a certificate to
this effect and a notation on the applicant's site plans.
10.6.8.
Waiver of filing requirements. Upon request of the applicant,
the Planning Board may, at its discretion, waive any of the requirements,
or portions thereof, of this section. Action by the Planning Board
granting either approval or approval with conditions shall be sufficient
evidence of an affirmative waiver by the Board of any of the filing
requirements not fulfilled by the Applicant. Waivers of filing requirements
shall be explicitly requested by the Applicant in writing, and responded
to in writing indicating grant or denial by the Planning Board. Requirements
of this bylaw may not be waived except as properly voted by the Planning
Board.
10.6.9.
Preparation and contents of site plan. Site Plans shall be preferably
be 24 inches by 36 inches. Larger plans may be submitted with the
approval of the Engineering Department. The scale shall be a minimum
of one inch equals 40 feet, except for elevation views and floor plans,
which shall be at a scale of 1/8 inch equals one foot or 1/4 inch
equals one foot. The site plan set shall include a cover sheet, existing
conditions plan, proposed site layout, landscape plan, lighting plan,
utility and grading plan and construction details. The site plan set
shall also meet the following criteria and any other criteria deemed
as sound planning and engineering practice by the Planning Board and/or
the Engineering Department:
1.
Name and address of the record owner and/or applicant.
2.
Legend depicting all pertinent existing and proposed site features.
3.
The date that the plans were prepared and north arrow shall be shown
on the plans.
4.
All site plans must be stamped and signed by a registered professional
civil engineer and a professional land surveyor. The land surveyor
shall perform an instrument boundary survey and shall certify the
accuracy of the locations of the buildings, setbacks and all other
required dimensions and distances to property lines.
5.
A zoning chart depicting "required" versus "provided" for all applicable
zoning criteria including lot size, frontage, setbacks, building height,
lot coverage, parking spaces and landscaping and open space requirements.
6.
A locus map, at a scale of one inch equals 600 feet, or other suitable
scale to accurately locate the site in Town, oriented on the plan
in the same way as the large-scale plan.
7.
The location, width, status (public or private) and name of all streets
(showing both sides) within 100 feet of all project boundaries.
8.
On-site and abutting lot lines. On-site lot lines shall be described
by bearings and distance. Abutting lot lines shall be shown in a general
way.
9.
All easements shall be described with bearings and distances.
10.
Zoning district lines, including Floodplains, Wetland Protection
Districts and Wellhead Protection Zones I and II or any other applicable
overlay districts, if applicable.
11.
Proposed topography contour lines at one- or two-foot intervals.
A minimum of two benchmarks shall be shown on the plans. The datum
shall be noted.
12.
The location of proposed building(s) on the lot shall be shown
with total square footage and dimensions of all buildings.
13.
Information on the location, size and capacity of proposed on-site
and abutting utilities (water, sewer, drainage, natural gas, electrical
cable, etc.).
14.
Detailed locations and dimensions of all proposed buildings
and uses on site and on abutting properties, including sill elevations,
overhangs and exterior details relating to the building footprint.
All proposed setbacks from property lines should also be shown. Any
minimum, or below minimum, setback distances shall be clearly noted
as such on the plan.
15.
An existing conditions plan to include the following:
a.
Existing surveyed topography contour lines at one- or two-foot
intervals.
b.
The location of existing building(s) on the lot shall be shown
with total square footage and dimensions of all buildings.
c.
Any streams (intermittent or otherwise), brooks or wetland resource
area boundaries or certified vernal pools within 100 feet of the property
lines. Wetland resource areas shall be as defined in the most recent
version of the Stoughton Wetland Protection Bylaw.
d.
Information on the location, size and type and number of existing
landscape features.
e.
Information on the location, size and capacity of existing on
site and abutting utilities (water, sewer, drainage, natural gas,
electrical cable, etc.), including utilities in abutting side streets,
if applicable.
f.
Detailed locations and dimensions of all existing buildings
and uses on site and on abutting properties, including sill elevations,
overhangs and exterior details relating to the building footprint.
All existing setbacks from property lines should also be shown. Any
minimum, or below minimum, setback distances shall be clearly noted
as such on the plan.
16.
A landscaping plan that shows the location of proposed plantings
and landscaped areas such as mulched or grassed areas. It shall also
contain a table that lists the various species, the number of each
and the size (planted height from the ground level from the top of
the root ball) at the time of installation and anticipated size at
full maturity. The plan shall also include a second page the shows
pictures of the appropriate plantings at their mature sizes and colors.
17.
An operation and maintenance plan (O&M) in a recordable
form to be paid by the applicant shall be submitted to the Board for
review that summarizes the proposed maintenance for all access ways,
parking areas, fences, walls, landscaping, lighting, drainage, and
waste disposal areas shall be adequately maintained and repaired or
replaced wherever and whenever necessary for continued compliance
with the appropriate site plan.
18.
Location for all proposed site lighting and construction details;
also, a photometric plan shall be included that shows the intensity
of lighting throughout the site and onto adjacent properties and any
roadway(s).
19.
Location, specifications and construction details for all site
signage to include on-site directional signage.
20.
Elevation and facade treatment plans in context with surrounding
buildings of all proposed structures Color renderings are also required.
21.
Information on the location, size and type of parking, loading,
storage and service areas with a parking calculation schedule noting
existing, required and proposed spaces for the entire site.
22.
Details and specifications (if applicable) for proposed site
amenities including but not limited to fences, recreation facilities,
walls or other barrier materials and special paving materials.
23.
All proposed erosion control measures shall be shown on the
plan. An anti-tracking area shall be provided at all entrances.
24.
Area(s) proposed for snow storage should be shown on the plan.
25.
A limit of work delineation.
26.
Any additional information that the Board finds reasonable and
sound practice shall be provided to the Board by the applicant.
10.6.10.
Development impact report (DIR). A development impact report
will be required for all projects. The Planning Board may waive in
part, or in whole, any requirements contained in the DIR which it
deems inapplicable to the project proposal and shall contain the following
elements:
1.
Traffic impacts assessment.
a.
Existing average daily traffic and pedestrian/bicycle volumes
during peak hours. Identification of any pedestrian and bicycle crossing
issues on site or off site.
b.
Analyses of average daily traffic and peak hour levels resulting
from the project including future conditions for peak hour traffic
volumes under "no-build" and "build" scenarios based on a five-year
horizon from existing conditions. "No build" to include average annual
growth and projects approved or projected in the area. "Build" to
represent no-build traffic volumes adjusted to add site generated
traffic volumes. The methodology and sources used to derive existing
data and estimations.
c.
Accident history shall be included for a three-year period.
d.
Internal traffic circulation analyses including emergency vehicle
access.
e.
Sight line evaluation. Shall include documentation of posted
speed limits, calculations of stopping sight distances for all directions
and field measurements of available sight distances at each proposed
point.
f.
Queuing and lane storage capacities available under existing
and proposed conditions.
g.
Traffic signal warrant analysis, if necessary.
h.
An analysis of existing and resulting intersection levels of
service (LOS). (Please refer to the most current edition of the Manual
of the Institute of Transportation Engineers for the definition of
level of service.)
i.
Proposed methods to mitigate the estimated traffic impacts.
2.
Visual impact assessment.
a.
Evaluation of the relationship of proposed new structures or
alteration of nearby pre-existing structures in terms of character
and intensity of use (e.g., scale, materials, color, odor, door and
window size and locations, setbacks, roof and cornice lines, and other
major design elements);
b.
An analysis of the visual impacts on neighboring properties
from the proposed development and alterations, and of the location
and configuration of proposed structures, parking areas, open space,
and gradient changes;
c.
A colored site plan rendering representing the actual colors
and materials being used.
3.
Environmental impact assessment.
Evidence that the proposed development will not create any significant
emission of noise, dust, fumes, noxious gases, radiation, or water
pollutants, or any other similar significant adverse environmental
impact(s).
Evidence that the proposed development will not increase the
potential for erosion, flooding or sedimentation, either on-site or
on neighboring properties; and shall not increase the pre v. post
rates of runoff from the site. A summary of compliance with the DEP
Stormwater Standards shall be provided. Provision for attenuation
of runoff pollutants and for groundwater recharge shall be included
in the proposal.
Evidence that the design of the development will minimize the
area over which existing vegetation is to be removed. Tree removal
shall be minimized, and special attention shall be given to the planting
of replacement trees.
Evidence that the design of the development will minimize earth
removal. Cuts of more than four feet shall be prohibited, unless otherwise
waived by the Planning Board. Any grade changes shall be in keeping
with the general appearance of neighboring developed areas.
Evidence that proper sewage disposal will be provided in accordance
with the State Environmental Code and any local regulations and/or
policies must be demonstrated.
Water demand calculations shall be provided to help determine
the impact the project will have on the public water system. In cases
where well water will be used, a hydrogeological analysis shall be
provided to help determine water demand.
4.
Economic impact assessment.
a.
Projections of costs arising from increased demands for public
services and infrastructure. Cost factors shall include the project
effects of police and fire protection, highway, water, sewer, solid
waste disposal, educations services, recreation facility impacts,
and health services.
b.
Projections of benefits from increased tax revenues, employment
(construction and permanent), and value of public infrastructure to
be provided. Revenue factors shall include the effects on property
taxes, vehicular taxes, licenses and fees, fines and miscellaneous
taxes.
c.
Projections of the impacts of the proposed development on the
values of adjoining properties.
d.
Five-year projection of Town revenues and costs resulting from
the proposed development.
5.
Community impact assessment.
a.
Evidence that the design elements will be compatible with the
character and scale of neighboring properties and structures.
b.
Evidence that the design of the development will minimize the
visibility of visually degrading elements such as trash collectors,
loading docks, etc.
c.
Evidence that the design of development will be consistent or
compatible with existing local plans (if any); including plan elements
adopted by the Planning Board, Conservation Commission, and other
Town bodies having such jurisdiction.
d.
Evidence that the location and configuration of proposed structures,
parking areas and open space will be designed so as to minimize any
adverse impact on temperature levels or wind velocities on the site
or adjoining properties.
e.
Evidence that outdoor lighting, including lighting on the exterior
of a building or lighting in parking areas, will be arranged to minimize
glare and light spillover to neighboring properties.
10.6.11.
Stormwater management plan and report. The contents of the stormwater
management plan shall contain sufficient information for the Engineering
Department to evaluate the hydrological and hydrological-dependent
characteristics of the land to be developed, the potential and predicted
impacts of land development on the local hydrology, and the effectiveness
and acceptability of all measures proposed by the applicant for reducing
adverse impacts. Summary data shall be provided in terms understandable
to the Planning Board and the general public. The stormwater management
design shall be prepared in compliance with the stormwater standards
of the latest edition of the Stormwater Management Regulations and
the Stormwater Handbook of the Department of Environmental Protection.
Additionally, the project shall comply with the Environmental Protection
Agency's most current National Pollutant Discharge Elimination System
(NPDES) MS4 Permit requirements and any local stormwater requirements.
The following plans and documents shall be submitted for review:
1.
Completed and signed stormwater management checklist form from
the latest edition of the Stormwater Management Regulations demonstrating
compliance with all standards.
2.
Narrative describing the project and all subcatchment areas
(cover type, soil conditions, etc.). A summary table showing changes
in pre and post-development peak runoff flows for the two-, ten-,
twenty-five-, and 100-year storm events. Post development peak runoff
rates shall not exceed pre-development rates. The narrative shall
explain all best management practices proposed to improve water quality
and recharge. All areas where vegetation is being altered and all
areas to be covered with impervious areas shall describe in the narrative.
3.
Hydrological calculations for pre-development and post-development.
4.
Pre- and post-development watershed subcatchment maps showing
subcatchment boundaries, time of concentration paths, cover types,
and final discharge points.
5.
Plans shall show enough topographic information outside of the
site to show pre- and post-discharge impacts.
6.
Provide curve number calculations.
7.
Hydraulic calculations shall be prepared based on the twenty-five-year
storm event. A hydraulic summary table shall be provided.
8.
Test pit data. All test pit locations shall be shown on the
plan. The estimated seasonal high ground water elevation for each
test shall be provided. Test pits are required to be performed in
the vicinity of any stormwater basin in accordance with the DEP Stormwater
Management Regulations.
9.
Existing topography and proposed grading shall be described
in one-foot or two-foot contour intervals, depending on how much detail
is required to review drainage impacts of the proposed project.
10.
Locations, specifications and construction details for all stormwater
structures and best management structures shall be provided in the
plan.
11.
Site runoff shall be infiltrated to maximum extent practicable.
The use of low-impact development design is encouraged.
12.
An operation and maintenance plan shall be submitted for stormwater
structures. The O & M plan must also describe how all access ways,
parking areas, fences, walls, landscaping, lighting, drainage, and
waste disposal areas will be adequately maintained and repaired or
replaced wherever and whenever necessary for continued compliance
with the appropriate site plan.
10.6.12.
Additional required written submittals. An application for site
plan approval shall also be accompanied by the following:
1.
The name and address of record owner/applicant. A cover letter
from applicant describing project in detail.
2.
A list of names and addresses of all property owners of record
who share a common property line with any portion of the subject property,
and abutters to the abutters within 300 feet.
3.
An itemized list of all applicable permits required for the
subject site prior to the issuance of a building permit, and any approvals,
variances and applications applied for and obtained for the project
and property, including, as may be applicable, an application for
municipal sewer connection, application for construction of an individual
sewerage disposal system, application for municipal water connection,
or application for well permit.
4.
Written permission from the owner of the property to apply for
site plan approval, if the applicant is not the owner.
5.
For projects proposing demolition of an existing structure,
a written finding by the Stoughton Historical Commission that the
building or structure is not historically significant.
6.
If any waivers are sought from the Planning Board, they shall
be clearly listed with their descriptions on the drawing. If any waivers
are requested, they shall be listed on a separate sheet and submitted
as part of the site plan submission material along with a statement
of reasons for same.
10.6.13.
Planning Board action. The Planning Board shall take formal
action on the site plan application within 30 days of the close of
the public hearing. Planning Board action shall be by vote of a majority
of the members, and shall consist of any one of the following:
10.6.14.
Decision. The Planning Board shall file a written decision with
the Town Clerk after initialing all pages contained in said decision,
with copies filed with the applicant, Building Department and Engineering
Department.
10.6.15.
Endorsement upon approval. In addition to the written decision,
the Planning Board approval, or approval with conditions, shall be
indicated by endorsement on the site plan by a majority of the Planning
Board, with a reference to any specific conditions which may be contained
in the written decision. Once approved, one copy of the approved site
plan, signed by the Planning Board, or their authorized representative,
shall be forwarded to the Building Inspector and Engineering Department.
10.6.16.
Constructive approval. Failure of the Planning Board to take
final action within the prescribed thirty-day period shall be deemed
as approval, upon which the Town Clerk shall issue a certificate to
this effect and a notation on the applicant's site plans. For the
purposes of this bylaw, "formal action" shall be construed to mean
completion of every act required of the Planning Board under this
bylaw.
10.6.17.
Disapproval for failure to meet filing requirements. The Planning
Board may, in its discretion, record a vote of disapproval of a site
plan if the applicant has failed to meet any of the requirements of
filing set forth in this bylaw.
10.6.18.
No occupancy permits shall be issued for any building or structure,
or portion(s) thereof, until:
1.
The Building Inspector receives certification from a registered
architect, engineer or land surveyor, that all construction (including
utilities) has been done in accordance with the approved site plan
(not required for site plans for structures less than 5,000 square
feet); and
2.
The Building Inspector, Town Planner and Engineering Department
verify that all conditions of the approved site plan have been met.
10.6.19.
Surety. At the option of the applicant, an occupancy permit
may be issued if the only incomplete work shown on the site plan is
exterior, cosmetic or landscaping, and if surety, the amount to be
set by the Engineering Department, is posted to ensure that the incomplete
work is completed within a reasonable time. The surety shall be provided
in cash. If the applicant wishes to dispute the amount of the surety,
it shall be done at a regularly-scheduled meeting of the Planning
Board. The Planning Board shall establish a deadline for completion
of not more than one year from posting of surety. Surety for landscaping
shall be held for at least one growing season to ensure survival of
all plantings. This allowance is subject to the review by the Planning
Board by a site inspection to insure the safety and health for those
who occupy the structure and use the site. Surety may not be used
for incomplete stormwater management areas or wetlands replication
that may be required by the Conservation Commission. The applicant
shall request a reduction of release of the surety shall be done at
a regularly scheduled meeting of the Planning Board.
10.6.20.
Modification of approved site plans. In the event a modification
is made to an approved site plan, the applicant shall submit to the
Planning Board revised plans showing the modification. The proposed
modification(s) shall be discussed at a regularly scheduled meeting
of the Planning Board. In consultation with the Engineering Department
and the Town Planner, the Board will determine whether the proposed
modifications are minor or major in nature. Minor modifications may
be approved the Board without a public hearing, while major modifications
shall require a public hearing before the Board.
10.6.21.
Lapse. An approved site plan shall lapse if within two years,
which shall not include such time required to pursue or await the
determination of an appeal referred to in § 10.6.22, from
the grant thereof, if a substantial use thereof has not sooner commenced
except for good cause or, in the case of permit for construction,
if construction has not begun by such date except for good cause.
10.6.22.
Appeal. The appeal of any decision of the Planning Board hereunder
shall be made in accordance with the provisions of MGL c. 40A, § 17.
10.7.1.
Purpose. The purpose of this section is to provide for site
plan review of religious, educational, and child care centers otherwise
"exempt" pursuant to MGL c. 40A, § 3.
10.7.2.
Site plan review required. Prior to the issuance of any building
permit or certificate of occupancy, the establishment, alteration,
change, extension, or reconstruction of use B.1, B.2, or B.13 as set
forth in the Table of Use Regulations[1] shall require site plan approval from the Planning Board
pursuant to this section.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
10.7.3.
Scope of site plan review. Under this section, site plan review
shall be limited to two inquiries:
10.7.4.
Required information. All applications for site plan review
shall be in writing and provide, at a minimum, the following information:
1.
Name and address of applicant person or entity;
2.
Name and address of property owner;
3.
Description of the proposed use and any documents necessary to establish
threshold compliance with MGL c. 40A, § 3;
4.
Reason that relief is requested from otherwise applicable zoning
requirements;
5.
If necessary to reach a decision on the application, the Planning
Board may request further information from the applicant consistent
with MGL c. 40A, § 3, specifying in detail the information
required.
10.7.5.
Site plan; contents. In addition, the applicant shall submit
a site plan with the following information:
1.
Legend depicting all pertinent existing and proposed site features.
2.
The date and north arrow shall be shown on the plans.
3.
All site plans must be stamped by a registered professional civil
engineer and a professional land surveyor. The land surveyor shall
perform an instrument boundary survey and shall certify the accuracy
of the locations of the buildings, setbacks, and all other required
dimensions to property lines.
4.
Zoning chart depicting "required" vs. "provided" for all applicable
zoning criteria including lot size, frontage, setbacks, building height,
lot coverage, parking spaces, and landscaping requirements.
5.
Locus map, at a scale of one inch equals 600 feet or suitable scale
to accurately locate the site in Town, oriented on the plan in the
same way as the large-scale plan.
6.
The location, width, status (public or private), and name of all
streets within 100 feet of the project.
7.
On-site and abutting lot lines. On-site lot lines shall be described
by bearings and distance. Abutting lot lines shall be shown in a general
way.
8.
Zoning district lines, including overlay districts if applicable.
9.
The location of existing or proposed building(s) on the lot shall
be shown with total square footage and dimensions of all buildings.
10.
Any streams, brooks, or wetland resource area boundaries within
100 feet of the property lines.
11.
Information on the location, size and type and number of existing
and proposed landscape features.
12.
Information on the location, size and capacity of existing and
proposed on-site and abutting utilities (water, sewer, drainage, natural
gas, electrical cable, etc.), including utilities in abutting side
streets, if applicable.
13.
Detailed locations and dimensions of all existing and proposed
buildings and uses on site and on abutting properties, including exterior
details relating to the building footprint; all existing and proposed
setbacks from property lines. Any minimum, or below minimum, setback
distances shall be clearly noted as such on the plan.
14.
Information and details for all site and directional on-site
signage shall be submitted.
15.
Elevation and facade treatment plans of all proposed structures.
Color renderings are required for new construction.
16.
Information on the location, size and type of parking, loading,
storage and service areas. A parking calculation schedule noting existing,
required and proposed spaces for the entire site shall be provided.
17.
Details and specifications (if applicable) for proposed site
amenities, including, but not limited to, fences, recreation facilities,
walls or other barrier materials, and special paving materials.
10.7.6.
Decision. The Planning Board may approve, approve with conditions,
or deny an application for site plan approval. In making its decision,
the Planning Board shall be guided exclusively by MGL c. 40A, § 3.
The Planning Board shall file a written decision with the Town Clerk
within 60 days of receipt of the application. Failure to file a decision
within 60 days shall constitute approval of the site plan.
10.7.7.
Appeal. Any appeal of the Planning Board's decision shall be
made pursuant to MGL c. 40A, § 17, to a court of competent
jurisdiction.
10.8.1.
Purpose. Under the FHA, it is a discriminatory practice to refuse
to make "a reasonable accommodation in rules, policies, practices,
or services when such accommodation may be necessary to afford [a
handicapped] person equal opportunity to use and enjoy a dwelling."
(42 U.S.C. § 3604(f)(3)(B)) The same standard applies under
the ADA, which also addresses nonresidential facilities providing
services to persons with disabilities. (42 U.S.C. § 12112(b)(5))
The purpose of this section is to facilitate housing and/or services
for persons with disabilities and to comply fully with the spirit
and the letter of the FHA and, where applicable, the ADA.
10.8.2.
Request. Any person eligible under the FHA or any provider of
housing to persons eligible under the FHA, or any person eligible
to operate a nonresidential facility providing services to persons
eligible under the ADA, may request a reasonable accommodation as
provided by the Fair Housing Act and/or the ADA. A request for a reasonable
accommodation does not affect a person's or provider's obligations
to act in compliance with other applicable laws and regulations not
at issue in the requested accommodation.
10.8.3.
Zoning Board of Appeals. All requests for reasonable accommodation
under the FHA and/or the ADA shall be submitted to the Zoning Board
of Appeals (ZBA).
10.8.4.
Information. All requests for reasonable accommodation shall
be in writing and provide, at a minimum, the following information:
1.
Name and address of person(s) or entity requesting accommodation;
2.
Name and address of property owner;
3.
Name and address of dwelling or facility at which accommodation is
requested;
4.
Description of the requested accommodation and specific regulation
or regulations for which accommodation is sought;
5.
Reason that the requested accommodation may be necessary for the
person or persons with disabilities to use and enjoy the premises;
and
6.
If the requested accommodation relates to the number of persons allowed
to occupy a dwelling, the anticipated number of residents, including
facility staff (if any).
7.
If necessary to reach a decision on the request for reasonable accommodation,
the ZBA may request further information from the applicant consistent
with the FHA and/or ADA, specifying in detail the information required.
10.8.5.
ZBA procedures. The deadlines imposed in MGL c. 40A, § 11
or MGL c. 40A, § 15, may be extended upon the request of
the applicant and the approval of the ZBA. The ZBA may seek information
from other Town agencies in assessing the impact of the requested
accommodation on the rules, policies, and procedures of the Town.
Upon written notice to the ZBA, an applicant for a reasonable accommodation
may withdraw the request without prejudice. The ZBA shall consider
the following criteria when deciding whether a request for accommodation
is reasonable:
10.8.6.
Decision. After conducting an appropriate inquiry into the request
for reasonable accommodation, the ZBA may:
1.
Grant the request;
2.
Grant the request subject to specified conditions; or
3.
Deny the request.
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The ZBA shall issue a written final decision on the request
in accordance with MGL c. 40A, § 15. If the ZBA fails to
render its decision on a request for reasonable accommodation within
the time allotted by MGL c. 40A, § 15, the request shall
be deemed granted. The ZBA's decision shall be filed with the Town
Clerk and sent to the applicant by certified mail.
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10.8.7.
Appeal. The ZBA's decision pursuant to this section may be appealed
to a court of competent jurisdiction in accordance with MGL c. 40A,
§ 17.
10.8.8.
File. The ZBA shall maintain a file of all requests for reasonable
accommodation under the FHA and/or the ADA and a file of all decisions
made on such requests. The file(s) may be reviewed in the office of
the ZBA upon request during regular business hours.
10.8.9.
Other laws. While a request for reasonable accommodation is
pending, all laws and regulations otherwise applicable to the premises
that is the subject of the request shall remain in full force and
effect.
10.8.10.
Effective date. The provisions of this section shall apply only
to requests for reasonable accommodation made after November 18, 2015.
Any person who has previously submitted a request for reasonable accommodation
may resubmit the request for processing pursuant to the procedures
set forth in this section.
