The administrative requirements herein are authorized by the Town of Norfolk Zoning Bylaw, § 310-6.11, Site plan approval, and references to special permit granting authority.
In case of conflict with the enabling statute, the Zoning Bylaw, and these regulations, the order of precedence shall be statute, bylaw, then these regulations.
In all districts, no building shall be constructed or externally enlarged and no use shall be expanded in ground area or established in an existing building except in conformity with a site plan bearing an endorsement of approval by the Planning Board. This provision shall not apply to single-family homes, including additions or enlargements, which are permitted in the district in which the property is located as a matter of right. (See Norfolk Zoning Bylaw, § 310-6.11, Site plan approval.)
A.
Presubmission review. The applicant is encouraged to follow the procedure outlined for preliminary plans as noted in § 325-2.6 of these rules and regulations. The applicant is encouraged to review copies of the regulations of other Town departments/boards before preparing plans and to become aware of any fees/charges of other Town of Norfolk entities.
B.
The site plan shall be drawn on a reproducible Mylar at a scale of 20 feet to the inch, and on a maximum sheet size of 24 inches by 36 inches, all existing (dash line) and proposed (solid line) in compliance with the requirements of § 310-6.11, Site plan approval, of the Zoning Bylaw. Site plans shall be drawn to meet requirements of the Registry of Deeds for the recording of same. Separate sheets shall be used to retain plan legibility.
C.
The name and address of the developer and/or applicant (if different from the owner) and interest of applicant if not the owner or developer shall be indicated.
D.
All of the provisions of Articles 4 and 5 shall apply to projects submitted for site plan approval, substituting the words "site" for "subdivision" and "applicant" for "subdivider." See also Article 8 for items that may pertain to site plans.
E.
Contents. The site plan shall contain, at a minimum, the following information to assist the Planning Board in evaluating the site plan:
(1)
The names and addresses of the record owner of the land and the name, seal, and address of the designer, engineer, and surveyor who made the plan, all of which shall appear in the lower right-hand corner.
(2)
A signature block located on the right side of each drawing with suitable space to record the action of the Planning Board and the signatures of the members of the Board.
(3)
A locus plan drawn to a scale of one inch equals 1,000 feet, showing the general location of the site in relation to all adjacent and nearby roads, railroads, waterways, and utility easements; name of development; scale and North arrow; date of plan and legend.
(4)
The lot shall be tied into the nearest town, county, and state bound. Bearings and curve data distances of all lot lines. Locations of driveways and parking and service areas and names of all parties of interest, including abutters, owners of land directly opposite on any public or private street or way, and abutters to the abutters within 300 feet of the property line, as they appear on the most recent applicable tax list, including those in other cities or towns. The plan shall also show the location of easements, rights-of-way, public or private ways, and other reservations, existing, planned or proposed, on, adjacent to, or intersecting the subject site.
(5)
Assessors' map, block, and lot numbers of subject property.
(6)
Zoning district(s) and any boundary of zoning districts within the lot, along any lot line, or within any adjoining property.
(7)
Topography for the entire site shall be shown in two-foot intervals except where the Board requires that a one-foot contour interval be used. Contours and elevations of existing and proposed features shall be based on the National Geodetic Vertical Datum of 1929 (NGVD). Existing contours are to be shown as dashed lines and proposed contours are to be shown as solid lines. A note shall be added to the plans that states: "Grading is as indicated on the approved site plan."
(8)
The location and dimensions (including height) of all existing and proposed buildings and structures, including ground coverage, gross floor area, and breakdown of indoor and outdoor floor area. Open area uses and other uses and improvements. All doorways and their way of opening shall be shown for all existing and proposed buildings. Location of buildings existing on the tract to be developed and on adjacent tracts within a distance of 100 feet from the property line, indicating whether existing buildings on the tract are to be retained, modified, or removed. Existing soil conditions and soil suitability test results.
(a)
A statement of the amount of area of land involved in the site, the percentage of the site proposed to be covered by buildings and parking areas, the number of square feet of gross floor area, the area to be proposed to be devoted to open space, the area proposed to be paved for parking, driveways, loading space, and sidewalks, the total number of parking spaces proposed and required by the Zoning Bylaw[1] for the uses proposed, the number of employees expected per shift, and the total floor area of proposed commercial, industrial, office or other use.
(b)
Where the Zoning Bylaw sets requirements related to the above figures, those requirements also shall be listed in a manner that permits comparison of the required versus the proposed quantities.
(9)
Existing and proposed front, side, and rear yard dimensions. Proposed dimensions shall be in accordance with the Town of Norfolk Zoning Bylaw, as most recently revised.
(10)
Parking lots, showing driveway entrances and exits designed for safe ingress and egress, curb cuts, layout of parking spaces, aisles, pedestrian walks, necessary ramps, and representative cross sections of all proposed service and parking areas and driveways. All of the above shall be in accordance with the applicable sections of the Town of Norfolk Zoning Bylaw, as most recently revised. All parking and access shall comply with the Architectural Access Board and Americans with Disabilities Act regulations.[2] The applicant shall indicate the basis for determining the number of parking spaces. No parking is allowed in front of buildings serving common exterior walkways. Parking lots shall not be located within three feet of any property line, except in the B-1 and C-1 Zoning Districts.
(a)
The plan for any new retail building shall include an access for fire equipment on at least two sides of the building, such access to be approved by the Fire Chief on the plans prior to construction of the building. Access to present buildings shall be kept clear of hazardous substances and obstacles which may, in the opinion of the Fire Department, impede the proper placement of fire apparatus and personnel in case of fire.
(b)
Proposed traffic circulation systems, including the volume and proposed direction of projected traffic flows into, out of, and within the site for both vehicles and pedestrians for an average day and for peak hours.
(c)
Parking lots and off-street loading facilities showing driveway entrances and exits designed for safe ingress and egress, curb cuts, layout of parking spaces and aisles, off-street loading facilities, pedestrian walks, necessary ramps, and representative cross sections of all proposed parking areas and driveways. Also show curb stops.
(d)
See Article 8 for further details regarding requirements for development of commercial/business properties.
(11)
All existing and proposed landscape features such as fences, walls, planting areas, and walks. Planting details in buffer zones and green belts shall include species, height of species, and spacing of plantings and shall be shown at sufficient scale to illustrate clearly the landscaping design. (See those sections of the Norfolk Zoning Bylaw, as most recently amended, pertaining to landscaping, buffers, and greenbelts and all other applicable sections.) Plans for walks, walls, and fences shall include dimensions and finishes.
(12)
All plans shall show the edge of wetlands, the edge of the 100-year (FEMA) floodplain, the edge of isolated areas subject to flooding, the banks of intermittent streams, the banks of perennial streams, the banks of lakes and ponds, the banks of rivers, the edge of riverfront zones, and the edge of the 100-foot wetland buffer zones. The limits of these resource areas shall be determined in accordance with applicable Massachusetts Department of Environmental Protection regulations (310 CMR 10.00 to 10.60) and any Town of Norfolk Zoning Bylaw, Town bylaw or Town regulation relative to wetland protection, aquifer protection, and/or water resource protection. FEMA panel number, zone designation, and base flood elevation shall be indicated on the plan. Wetland boundaries shall be identified according to the requirements of the Conservation Commission as to criteria and time of year analyzed.
(13)
All facilities for water supply and distribution, fire protection, lighting, and facilities for the prevention of air pollution and protection of the groundwater. All utilities are to be installed underground.
(a)
The following site lighting information shall be provided: type, height, wattage, footcandle output directly under the light source, and footcandle output at the property line and a photometric layout/diagram showing direction and intensity of outdoor lighting. Lighting fixtures shall be of cutoff design, and not floodlight design, unless otherwise approved by the Planning Board. All lighting is to be placed at the perimeter of parking lots. Footcandle output directly under the light source shall not exceed five and shall not exceed 0.25 at the property line. Lighting (poles and fixtures combined) shall not exceed 15 feet in height.
(b)
A duplicate site plan showing a photometric diagram/layout to establish the boundaries of the illumination shall be provided. The duplicate site plan need not show the detail of the actual site plan, but shall show the lot, building(s) on the lot, light standard location, and perimeter of the illumination of each light.
(14)
Location and dimensions (including height) of all storage facilities for equipment, material, and other like items.
(15)
Location and dimensions (including height) of facilities for garbage, rubbish, and other waste collection and disposal. Description and plan of capacity and location of means of sewage disposal, together with approval of the Board of Health and evidence of soil suitability for such disposal (test pit locations shall be shown on the plans).
(16)
All facilities for accommodating stormwater drainage and snowmelt runoff from all buildings, driveways, parking areas, and service areas on the site. The site plan shall be accompanied by a storm drainage study based on the design criteria of a twenty-five-year storm, certified by a professional engineer, and a proposed drainage system plan, both surface and subsurface, showing measures proposed to prevent pollution of surface water or groundwater, soil erosion, increased runoff, changes in groundwater level and flooding. All stormwater drainage shall be contained on site unless otherwise approved by the Planning Board. Major structures, culverts, detention basins, and retention basins shall accommodate the 100-year-frequency storm event. Leaching pits, basins, and galleys shall be installed and shall conform to § 325-5.3M. Soil percolation tests shall be conducted in accordance with § 325-5.3M(2). All facilities for accommodating stormwater drainage shall comply with the relevant subsections of § 325-5.3. Runoff from all structures shall be accommodated into leaching basins unless otherwise approved by the Planning Board. All runoff from parking areas, driveways and service areas on the site shall be directed into a dedicated oil-water separator. Roof runoff shall be discharged into dry wells.
(17)
A plan for the control of erosion, siltation, and dust before and during construction, including appropriate ground cover and street sweeping of adjacent public ways as required by the Board. The Board may require seeding.
(18)
Location and dimensions (including height) of existing and/or proposed freestanding signs and the manner of their external illumination.
(19)
All private wells within 200 feet of the property.
(20)
All public or community water supply wells within 1,000 feet of the property.
(21)
Removal of earth shall be performed in accordance with the requirements set forth in Article 9, in accordance with the Town of Norfolk bylaws and as specified by other agencies. The applicant shall also indicate on the plan the cubic yards of gravel borrow that will be trucked onto the site. The Board may require certification of compliance with MGL c. 21E, as most recently amended, with respect to the existence of contamination or threat of contamination on the site.
(22)
The maximum size vehicle, including trailers, expected to use the site after construction shall be identified by length, width, height, and AASHTO designation.
(23)
All existing and proposed structures shall have indicated on the plans their garage and pedestrian entrances and exits and their openings.
(24)
All existing and proposed public and private utilities, above and below grade, along with their type, size, and class, shall be shown on the plan. All proposed and existing public and private utilities on site shall be located underground.
(25)
All waivers proposed by the applicant and approved by the Planning Board or a statement to the effect that no waivers are being requested shall be indicated on the plan.
(26)
There shall be no impact of drainage on abutting public water supply.
(27)
The construction requirements of parking lots and driveways shall be the same as that for secondary streets. As may be specifically allowed under the Norfolk Zoning Bylaw, parking lots may be other than bituminous pavement as follows:
(a)
Parking areas serving municipal open spaces shall be classified as being in one of two use categories: conservation-passive uses for which vehicle use is infrequent (trips/day) and of low capacity (parking fewer than 20 cars) and recreation-active uses for which vehicle use is frequent (trips/day) and of high capacity (parking above 20 cars).
(b)
Drainage for both conservation-passive and recreation-active parking areas shall be designed such that there is no increased runoff impact from the built condition as compared to the existing condition. All drainage design shall be under the direction of a licensed professional as is required for any site plan documents. The site design shall strive to mitigate existing land deficiencies that create an undesirable impact off site.
(c)
Parking area design shall establish that there is satisfactory subsurface soil material to structurally support the proposed vehicle use. The subgrade shall meet design standards required for local roadway design of residential subdivisions. There shall be a minimum of eight-inch thickness of graded, crushed-stone base meeting the installation and stone material standards of a local residential subdivision street. There shall be a four-inch-thick, dense, graded, crushed-stone layer and four-inch-thick bituminous concrete pavement corresponding to the standards for a local residential subdivision roadway.
(d)
Conservation-passive parking area surfaces may be one of the following surfacing options:
[1]
Pavers and grass at 1 1/2 inches minimum paver thickness.
[2]
Natural or synthetic honeycomb pavers a minimum of six inches deep and bearing on fully compacted base material and filled/surrounded with porous granular materials.
[3]
A two-inch thickness of graded crushed stone with aggregate at 3/4 inch plus one inch size.
(f)
Parking spaces are to be adequately denoted by permanent measures as approved by the Planning Board.
(g)
Maintenance covenant. All municipal parking areas built for conservation or recreation uses under a special permit shall be subject to a periodic site review by a licensed highway design professional for permit/use reinstatement. A report prepared by a licensed highway design professional on parking area conditions (complete with photographs) shall be submitted at least once every 36 months after construction completion.
(h)
Public access and public safety conditions shall be a condition of any such parking lot use. Such conditions as safe access from a public way, lighting and traffic controls, lane and parking stall markings, parking area travel way, etc., shall be in conformance with the regulations for normal site plan approval.
(i)
All other aspects and criteria listed in the Zoning Bylaw for granting of any special permit shall be applicable for these conservation and recreation parking area special permits.
(j)
Parking stalls shall be painted according to Massachusetts Highway Department specifications, as most recently amended. Lines shall be at the head of and along the sides of parking stalls. Lines shall be a minimum of four inches wide and shall be one consistent color, either yellow or white. Stalls are measured from inside edge of lines. All pavement markings shall be painted with reflectorized paint.
(28)
Any additional details that may be pertinent.
A.
General.
(1)
The following shall be submitted to the Planning Board office:
(a)
Sixteen copies of the site plan.
(b)
Sixteen copies of the application form "Site Plan Approval Application."
(c)
Sixteen copies of the site plan approval checklist.
(d)
Application fee (see Fee Schedule for amount of fee). Note: Please also contact the Board of Health office for its site plan fee.
(e)
Review fee (see Fee Schedule for amount of fee).
(f)
Three copies certified list of abutters from Assessors' office.
(g)
Application to Design Review Board.
(h)
Copy of any decisions for subject property from Zoning Board of Appeals.
(i)
Five copies of stormwater drainage report.
(j)
Ten copies of traffic assessment (study).
(k)
Completed bank tax ID form for review fee funds.
(m)
Good-standing approval from Treasurer/Collector's office.
(2)
The Planning Board shall distribute, within five business days of acceptance by the Board, one copy each to the Building Commissioner, Board of Health, Conservation Commission, Board of Water Commissioners, Police Chief, Fire Chief, and Highway Superintendent. The agencies receiving these copies shall have up to 21 days to make recommendations to the Planning Board. Should these reviews and that of the Planning Board reveal omissions of required information or instances of noncompliance with Town bylaws and/or rules and regulations, the site plan may be returned to the applicant with a list of the discrepancies noted for correction and resubmittal no later than 45 days from the date of the original filing of the site plan.
(3)
The application must be accompanied by three copies of a certified list, from the Board of Assessors, of the names and addresses of all abutters and abutters to abutters within 300 feet of the subject property taken from the most recent tax list.
(4)
If the property was previously granted a special permit or variance from the Zoning Board of Appeals, a copy of the decision and the site plan reviewed by the Board of Appeals must also accompany the application. If the property is before the Board of Appeals for a special permit at the time of application to the Planning Board for site plan approval, a copy of the application form submitted to the Zoning Board of Appeals shall also be submitted to the Planning Board.
(5)
The site plan shall be prepared by a professional engineer (PE) and a registered land surveyor licensed to practice in the Commonwealth of Massachusetts, as appropriate, and certified by same with their seal, stamp and signature. The proposed use(s) and site development shall conform to the requirements set forth in the Town of Norfolk Zoning Bylaw and other regulations as applicable. The plan shall conform to the administrative requirements set forth herein.
(6)
Technical data, as deemed by the Planning Board to be necessary, shall be provided to support the site plan and resulting findings.
B.
Traffic congestion control and analysis. The provisions of § 325-3.3B(23)(b)[1] to [3] shall apply to projects submitted for site plan review, substituting the word "applicant" for the word "subdivider" therein.
See Planning Board Fee Schedule (Article 10). Note: Contact the Board of Health regarding its site plan fee(s).
B.
The public hearing shall be held within 65 days of the date of the proper filing of the application. The public hearing shall be conducted in accordance with the rules and procedures prescribed by the Planning Board as required by the Zoning Act of Massachusetts General Laws[1] and shall be open to the public and in accordance with MGL c. 30A, §§ 18 through 25, as amended ("Open Meeting Law").
[Amended 10-11-2022]
C.
Representation and absence. An applicant may appear in his own behalf and/or be represented by an agent or attorney. In the absence of any appearance without due cause on behalf of an applicant, the Board may decide on the matter using the information it has otherwise received.
A.
Within 90 days of the conclusion of the public hearing, the Planning Board shall vote on site plan approval.
B.
The Planning Board shall have the power to modify or amend its approval of a site plan on application of the person owning or leasing the premises or upon its own motion in the event of changes in physical conditions sufficient to justify such action within the intent of the Zoning Bylaw.[1] All of the provisions applicable to approval shall, where apt, be applicable to such modification or amendment.
C.
Voting requirement.
(1)
The concurring vote of at least four members of the Board shall be necessary to grant site plan approval. Any amendments or conditions proposed to an original motion to grant site plan approval shall be declared passed based on a simple majority vote.
(2)
The record shall show the vote of each member upon each question or, if failing to vote, indicate reasons for its decision.
D.
Written notification of decision/detailed record.
(1)
The Planning Board shall issue a written decision to the applicant giving the reasons for its decision.
(2)
A detailed record of proceedings, including the vote on each question, shall be filed with the Town Clerk.
(3)
If site plan approval is granted by the Board, the applicant shall submit a revised plan reflecting any and all conditions of approval within 60 days of filing of the Board's decision with the Town Clerk.
A.
Application. Prior to acceptance, all applications shall be reviewed by the Planning Board or its agent. If the Planning Board decides that an application is incomplete, it shall be deemed invalid and the fee returned. If desired, the applicant may resubmit a completed application, which shall be treated as a new application.
B.
Withdrawal. An application may be withdrawn, without prejudice, by notice in writing to the Board at any time prior to the hearing by the Planning Board. After an advertisement, withdrawal, without prejudice, only by Planning Board approval.
A.
If an approval is granted by the Planning Board, all permits necessary for the prosecution of the work shall be obtained and construction shall be commenced within one year of the date of filing of the Planning Board's decision in the office of the Town Clerk.
B.
It is recommended that requests for extensions be submitted, in writing, to the Planning Board at least 60 days prior to the expiration date of site plan approval.
C.
Reasonable extension of said time may be granted by the Board for good cause shown.
D.
The Planning Board is herein authorized to assess observation fees and require applicants to have site plan improvements observed during the construction phase of the project as per § 325-6.6A (where applicable) and Form K2, Observation of Site Plan Improvements.[1] See applicable portions of Articles 3, 4, 5 and 6.
[1]
Editor's Note: Form K2 can be obtained from the Planning Board office.
Any appeal of the decision of the Planning Board to any order or decision relative to site plan approval shall be made in conformance with the conditions set out by the Zoning Act. All such appeals shall be conducted in accordance with the Zoning Act (MGL c. 40A, § 17).