[Amended 10-6-2021; 8-9-2023]
9.1.1 
Purpose.
1. 
Establish clear and predicable guidance to applicants relative to site plan review of a project.
2. 
Provide criteria for a reviewing authority to make a well-informed decision.
3. 
Establish a list of necessary submittal documents relative to the individual site plan review requirements, from preapplication submittal through occupancy.
9.1.2 
Authority.
1. 
These regulations governing site plan review are adopted under § 135-9.5.4.2 of the Zoning Bylaw to create uniform procedures and standards for reviewing site plans submitted to the Town.
2. 
Site plan review is intended to protect the health, safety, convenience, and general welfare of the inhabitants of the Town of Lexington by assessing potential impacts on municipal services and utilities, traffic, the environment, and aesthetics by assuring that the same are adequately considered.
3. 
Site plan review is not aimed at prohibiting permitted uses in a zoning district but with reasonable regulation consistent with the public interest.
9.1.3 
Applicability. These regulations apply to all projects requiring site plan review under § 135-9.5.2.1 of the Zoning Bylaw.
9.1.4 
Amendment. These regulations may be amended from time to time by the Planning Board at any regularly scheduled public meeting, following notice, and a public hearing as required by § 135-9.5.4.2 of the Zoning Bylaw.
9.1.5 
Compliance. The Building Commissioner shall not issue a building permit or certificate of occupancy under the Building Code for any structure requiring site plan review unless the Planning Board or its designee has approved the site plan and the structure complies with all conditions of the approval.
9.1.6 
Waiver. The Planning Board may grant waivers from these Regulations, consistent with § 176-3.4.
[Amended 7-16-2025]
9.2.1 
Preapplication Review.
1. 
Sketch plan. All applicants are encouraged to submit a sketch plan to the Planning Office for review before applying to the Planning Board. This review does not constitute a formal application for site plan review. Before submitting a sketch plan, the applicant shall contact the Planning Office to schedule an appointment with Town staff to review the plan.
2. 
Development Review Team. The Planning Office will organize a Development Review Team (DRT) meeting upon receipt of a sketch plan. The Planning Office shall prepare a DRT summary for the applicant within 10 business days of the meeting. Depending on the size, scale, and type of project, a meeting with the Building Department, Fire Department, and Department of Public Works may be scheduled in addition to the DRT.
3. 
Scope of review. Town staff will review the sketch plan to promote greater efficiency in the formal review process. Such review will be limited to technical issues in the areas of Town staff's expertise. While Town staff may offer opinions on the viability of a particular site modification, improvement or design, compliance with these regulations, and the probability of securing waivers therefrom, all such comments are nonbinding and should not be construed by the applicant as commitments to later approval.
4. 
Neighborhood meeting. Projects proposing three or more dwelling units within or abutting a residential district should hold at least one neighborhood meeting to which parties in interest are invited prior to filing an application with the Planning Board. The intent is to provide an opportunity for applicants and neighbors to communicate and work together prior to the public hearing. The applicant should submit at the time of filing the application, a summary of the neighborhood meeting that includes the details of the date, time, location, and attendance of the meeting. Summary should also include a description of information presented by the applicant, a list of questions and issues raised, and efforts the applicant has made to respond to the issues in the submitted proposal.
9.2.2 
Approval. The Planning Board, or its designee in the case of a minor site plan review, may approve an application subject to such reasonable conditions as may be necessary or appropriate to:
1. 
Enforce compliance with substantive requirements of this chapter, unless waived; and
2. 
Protect the health, safety, convenience, and general welfare of the inhabitants of the Town of Lexington.
9.2.3 
Security and Future Compliance. Among its conditions, the Planning Board, or its designee in the case of a minor site plan review, may require adequate security by the applicant, in such form and amount as may be determined by the Planning Board. This security ensures the satisfactory completion of all improvements required by its site plan approval, exclusive of those being made to privately owned structures. The Planning Board, or its designee in the case of a minor site plan review, may also require a formal commitment to future compliance, including a monitoring program post-permit issuance for compliance purposes for a time specified in the site plan approval.
9.2.4 
Disapproval. The Planning Board, or its designee in the case of a minor site plan review, may disapprove an application where:
1. 
Information required by these regulations to review the application is not submitted with the application, the applicant has been so notified, and has failed to remedy the deficiency; or
2. 
The imposition of conditions will not ensure the project's compliance with the requirements of the Zoning Bylaw or requirements of these regulations.
9.2.5 
Lapse. Site plan approval shall lapse if a substantial use thereof or construction thereunder has not commenced within three years following the approval date, plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17. The Planning Board may grant an extension of time upon the applicant's written request for a good cause.
[Amended 9-27-2023; 7-16-2025]
9.3.1 
Major Site Plan Review. The following activities and uses require major site plan review by the Planning Board:
1. 
Exterior construction or expansion of structures which results in an increase of more than 5,000 square feet of total building gross floor area in any three-year period;
2. 
The available parking on the site is increased by more than 20 parking spaces in any three-year period; or
3. 
All developments submitted under § 135-6.9, 135-6.12, or 135-7.5.
4. 
Installation of a canopy or large-scale solar energy system if the photovoltaic surface area is greater than 5,000 square feet in cases where site plan review is required.
9.3.2 
Required Submittals. An applicant shall submit a major site plan review application package in an electronic format to the Planning Office. The following information shall be included in all major site plan review applications unless waived:
1. 
A definitive site development plan set, which includes but is not limited to:
a. 
An existing conditions plan;
b. 
A preliminary construction management plan;
c. 
An off-street parking, circulation, and loading plan;
d. 
A site construction plan;
e. 
A landscape plan;
f. 
A lighting plan; and
g. 
A utilities plan.
2. 
Architectural plans, which include but are not limited to building elevations, and color renderings of outdoor gathering spaces and all sides of the proposed structures which shall show and label exterior material types, such as roofing, siding, and window details, including trim, to illustrate what the proposal will look like from the public way and abutting views sufficient to understand massing within context of the surroundings. Renderings shall include views from the public way within context of adjacent buildings and nearby properties.
3. 
A zoning narrative that demonstrates compliance with the applicable requirements of the Zoning Bylaw and the Planning Board Regulations.
4. 
If applicable, the parking and transportation demand management (PTDM) plan described in § 135-7.2.6 and proof of payment of the transportation mitigation fee described in § 135-7.2.5.
5. 
A summary outlining the ways the applicant has responded to the requests made during the DRT meeting or other meetings with other municipal departments.
6. 
Proposals for mitigating measures or the construction of improvements to address the impacts, except traffic impacts, of the proposed development and to provide adequate capacity in Town facilities and services.
7. 
A narrative summary of sustainability development features on a form submitted with the application that includes: any proposed on-site solar generation or other energy efficiency measures proposed or explored to reduce the project's greenhouse gas emissions; any proposed LEED construction methods; sustainable landscape design measures; SITES v2; or other similar sustainable features.
8. 
A narrative describing the location, dimensions, and accessibility of common outdoor spaces, including, but not limited to, materials used, slopes of surfaces and parking space locations, etc. If applicable, provide the number of accessible dwelling units proposed and their location(s).
9. 
An application checklist showing compliance with, or waivers sought from, the design standards of § 176-12.0.
10. 
For any requested waivers, a written statement indicating why such waiver should be granted.
11. 
A copy, if any, of the determination of applicability issued by or the notice of intent filed with the Conservation Commission of the Town of Lexington under MGL c. 131, § 40, or Chapter 130 of the General Bylaws of the Town of Lexington.
12. 
Stormwater management.
a. 
For projects disturbing more than 10,000 square feet of land area, a stormwater management plan as defined in § 181-75;
b. 
For projects disturbing less than 10,000 square feet of land area, a construction period erosion, sedimentation, and pollution prevention plan as defined in § 181-75C.
13. 
Signage. For projects containing nonresidential uses, a preliminary signage package showing proposed signage locations, general sizes, and sign lighting.
14. 
Shadows. The Board may require the applicant to provide a shadow study for any project proposing buildings taller than 45 feet in height. The purpose of the shadow study is for the Board to understand the impacts of the design.
15. 
For projects under § 135-6.9, alternative concept design plans prepared by a registered landscape architect. Alternative concept plans should demonstrate site design alternatives explored by the applicant. This submission intends to ensure the applicant's final proposal considered all design concepts to best protect and preserve the natural, hydrological, and wetland resources, wildlife habitat, forested areas, and mature trees.
16. 
A narrative summary describing any proposed inclusionary dwelling units and preliminary floor plans showing the locations of the inclusionary dwelling units.
9.3.3 
Procedures.
1. 
Upon receipt of a complete application, the application will be circulated to the Zoning Administrator, Conservation Director, Building Commissioner, Sustainability and Resilience Officer, Fire Department, Police Department, Historical Commission, and Engineering Department, requesting comments by the first public hearing. For development applications within an Historic District, the Board will seek comments from the Historic Districts Commission by the first public hearing; filing with the Historic Districts Commission is recommended prior to submission to the Planning Board. Developments with inclusionary housing requirements shall be provided to the Select Board, Regional Housing Services Office, Housing Partnership Board, Affordable Housing Trust, Commission on Disabilities, and Human Rights Commission.
2. 
Public hearing. The Planning Board shall conduct a public hearing, as required by § 135-9.5.4.3 of the Zoning Bylaw. Subsequent changes and revisions to application materials shall be prominently identified and submitted with a narrative summarizing the changes in the new submittal.
3. 
Majority required. The decision of the Planning Board shall be by a majority vote of the Board as constituted (i.e., three affirmative votes).
4. 
Filing time limits. The Planning Board shall provide a written decision and file such a decision in the office of the Town Clerk within 150 days of the date of application. The required time limits for filing such a decision may be extended by the applicant and the Board's written agreement; a copy of such agreement shall be filed in the office of the Town Clerk. Failure by the Board to act in the 150-day period is considered approval of the major site plan. The applicant who seeks such approval because of the failure of the Board to act in the time prescribed shall notify the Town Clerk, in writing, within 14 days from the expiration of said 150 days or extended time, if applicable, of such approval.
9.3.4 
Appeal. Any person aggrieved by a decision of the Board made under § 176-9.3 may appeal said decision to a court of competent jurisdiction under MGL c. 40A, § 17.
9.4.1 
Minor Site Plan Review. The following types of activities and uses require minor site plan review by the Planning Office:
1. 
All construction, reconstruction, or site redevelopment projects that are subject to site plan review but not listed in § 176-9.3.1;
2. 
All modifications to properties with prior site plan approval that have not been determined to be an insignificant field change; or
9.4.2 
Required Submittals. An applicant shall submit a minor site plan review application package in an electronic format to the Planning Office.
9.4.3 
Review Procedures. The Planning Office may require a Development Review Team meeting prior to making a decision. Information presented during DRT or staff meetings will be considered when making a decision.
9.4.4 
Decision by the Designee. The designee, under the standards set forth herein, reviews minor site plans. After reviewing the minor site plan, the designee shall file a written decision within 60 days of receipt of the application in the office of the Town Clerk and notify the applicant of their decision. The required time limits for filing such a decision may be extended by the applicant and the designee's written agreement, and a copy of such agreement shall be filed in the office of the Town Clerk. Failure by the designee to act in the sixty-day period is considered approval of the minor site plan. The applicant who seeks such approval because of the failure of the designee to act in the time prescribed shall notify the Town Clerk, in writing, within 14 days from the expiration of said 60 days or extended time.
9.4.5 
Appeal. The decision of the designee on a minor site plan may be appealed to the Planning Board. Such appeal shall be filed with the Board within 14 days of the filing of the designee's decision with the Town Clerk. The decision of the Planning Board on appeal shall be filed with the Town Clerk within 60 days of the date the appeal is filed. All costs of mailed notice and publication of notice shall be borne by the party appealing the decision.
[Amended 7-16-2025]
9.5.1 
Limited Site Plan Review. Site plan review of uses protected under § 135-9.5.6 shall require only limited review. Site plan review shall be limited in such circumstances to the imposition of reasonable regulations concerning the bulk and height of structures, yard sizes, lot area, setbacks, open space, off-street parking, building coverage requirements, and stormwater management regulations as applicable pursuant to § 181-71.
9.5.2 
Required Submittals. An applicant shall submit a minor site plan review application package in an electronic format to the Planning Office.
9.5.3 
Procedures. Limited site plan review applications shall follow § 176-9.3.1 for major site plan review or § 176-9.4.1 for minor site plan review, depending on the proposal.
9.5.4 
Waivers. The Planning Board's designee shall waive any standards that are not reasonable as applied in a particular case or effectively prohibit the protected use. The designee may also make reasonable, nonbinding recommendations to the applicant for changes in the site plan, consistent with accepted and responsible planning principles.