A.
Site Plan Review.
[Amended 5-23-2006 ATM by Art. 18; 10-24-2006 STM by Art. 2; 5-20-2014 ATM, Art. 19]
(1)
Purpose: To protect the health, safety, convenience and general welfare
of the public by providing for a comprehensive review procedure of
plans for uses and structures which may have impacts on traffic, parking,
services and utilities, environmental quality, water resources, drainage
and community character. Any use or structure, or expansion thereof,
referred to in G.L. c. 40A, § 3, (exemption from zoning)
is not exempt from the provisions of this section, provided any of
the criteria contained in § 97-9.A.(4), below, also applies.
(2)
Reviewing Authority: The Planning Board shall be the reviewing authority
for all projects subject to Site Plan Review.
(3)
Applicability: Any proposal for a commercial, industrial, institutional,
educational, municipal, multi-family, or mixed-use project which requires
construction of a new building or which will result in a substantive
change in the outside appearance or a change of use of an existing
building or buildings or premises shall be subject to Site Plan Review
in accordance with the threshold levels established in Section A.(4)
below.
(4)
Review Thresholds:
(a)
Level I — Minor Projects: Level I applications will be
subject to review by Town staff followed by Planning Board review
and action thereon at a regularly scheduled Planning Board meeting,
with no requirement for a public hearing. Level I Site Plan Review
applies to any application for a construction project or change of
use for any of the types of projects identified in Section A.(3) above
and which meets one or more of the following thresholds:
01)
Any new building(s) or construction containing 1,000 gross square
feet of floor area up to, but not including, 2,000 gross square feet
of floor area;
02)
Expansion of an existing building resulting in an increase in
floor area of 1,000 gross square feet of floor area up to, but not
including, 2,000 gross square feet of floor area.
03)
Construction or expansion of a parking area resulting in three
(3) to five (5) new parking spaces;
04)
Any alterations to traffic flow patterns, including access,
egress, deliveries, and pedestrian access;
05)
Any changes to loading areas, dumpster locations, exterior lighting,
major landscaping features, or accessory structures.
(b)
Level II — Major Projects: Level II applications
shall require review by Town staff followed by a public hearing conducted
by the Planning Board. Level II Site Plan Review applies to any application
for a construction project or change of use for any of the types of
projects identified in Section A.(3) above which meets one or more
of the following thresholds:
01)
Any new building(s) or construction containing 2,000 gross square
feet of floor area or more;
02)
Expansion of an existing building resulting in an increase of
floor area of 2,000 gross square feet or more;
03)
Construction, expansion, or alteration of a parking area resulting
in six (6) or more new parking spaces;
04)
Grading or re-grading and/or clearing of land and/or other land
development activity over an area of 5,000 square feet or more, except
for work incidental to agricultural activity, clearing necessary for
percolation and other site tests, or work in conjunction with an approved
subdivision plan or earth removal permit or stormwater permit;
05)
The development of 7,500 square feet or more of impervious surface
area or more than 15% of the lot area, whichever is smaller;
06)
The construction of a drive-through retail establishment serving
food or dispensing merchandise from inside a building to persons seated
in their automobiles on the premises;
07)
Any proposed change of use from single- or two-family to multifamily
or nonresidential;
08)
Construction of a ground-mounted solar photovoltaic installation
occupying at least 1/4 acre of land, but less than two (2) acres of
land.
09)
Construction, expansion, or alteration of an RMD that demonstrates
that it is protected pursuant to the agricultural exemption under
G.L. c. 40A § 3.
[Added 5-20-2014 ATM, Art. 20]
(5)
Procedure:
(a)
An applicant for site plan review shall file with the Planning
Board at a regularly scheduled meeting a complete application and
such submission materials in quantities and format as required by
the Site Plan Review Submission Requirements and Procedures adopted
by the Planning Board and filed with the Town Clerk. Copies of these
Submission Requirements and Procedures shall be available from the
Planning Department.
(6)
Decision Criteria: The Planning Board shall approve an application
for site plan review if it finds that the Applicant has submitted
sufficient information from which it can determine that the proposed
project will:
(b)
Avoid removal of existing stone walls or, where removal is required,
minimize length of removal;
(c)
Provide adequate stormwater management and other utilities consistent
with the requirements of Newbury's Stormwater By-Law and the Planning
Board's Subdivision Rules and Regulations;
(d)
Maximize safety for pedestrians and vehicles both on the site
and entering onto and egressing from it;
(e)
Provide adequate access to each structure for fire and emergency
service equipment;
(f)
Minimize obstruction of scenic views from publicly accessible
locations;
(g)
Minimize visual intrusion by controlling the visibility of parking,
storage, or other outdoor service areas viewed from public ways or
premises residentially used or zoned;
(h)
Minimize intrusion of glare from headlights and site lighting
on surrounding properties;
(i)
Minimize unreasonable departure from the character, materials,
and scale of buildings in the vicinity, as viewed from public ways
and places;
(j)
Prevent contamination of groundwater from any source;
(k)
Enhance the appearance of the property to the greatest degree
possible by means of landscaping and other site amenities;
(l)
Minimize impacts of the use on adjacent properties through regulation
of hours of operation, deliveries, noise, rubbish removal, and on-site
storage;
(m)
Ensure compliance with the provisions of Newbury's Zoning By-Law,
including parking and signs.
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Notwithstanding the above, regulation of uses and structures
referred to in G.L. c. 40A, § 3 (exemptions from zoning)
shall be limited to the extent allowed under said section of the General
Laws.
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(7)
Conditions of Approval:
(a)
Site plan approval may be made subject to such conditions, modifications
and restrictions as the Planning Board may deem necessary in order
to satisfy any of the Decision Criteria listed above. Any construction,
reconstruction, alteration or addition shall be carried on only in
conformity with such conditions, modifications or restrictions and
in conformity with the application and site plan.
(b)
Any order of conditions from the Conservation Commission which
imposes conditions inconsistent with site plan approval shall require
a revision of the site plan. A request for such revision must be submitted
in writing to the Planning Board.
(c)
For any construction project or a change in use that requires
site plan review, no building permit may be issued unless and until
the applicant has complied with the provisions relating to site plan
review under this article and the conditions, modifications, and restrictions
contained within the Decision of Site Plan Review are referenced to
and incorporated in, and made an express condition of, such building
permit.
(d)
The Planning Board reserves the right for itself and its Agent(s)
to enter the site at any time without notice for the duration of the
Site Plan Approval to determine compliance therewith.
(e)
Site plan approval by the Planning Board shall not be construed
as approval from any other Board, official or department.
(f)
At the discretion of the Building Inspector, with the concurrence
of the Planning Board, recording of a certification of the Town Clerk
and the Decision of Site Plan Review at the Registry of Deeds may
be included as an additional condition precedent to the issuance of
any building permit (see G.L. c. 40A, § 11, Notice requirements
for Public Hearings etc.).
(8)
Lapse: Site plan approval for a project shall lapse after two years
from the date of issuance, unless any construction work contemplated
thereby shall have commenced and proceeded in good faith continuously
to completion, except for good cause. This two year period shall not
include time required to pursue or await determination of an appeal
filed pursuant to G.L. c. 40A, §§ 8 and 17 (Appeals
to permit granting authority), Site plan approval may, for good cause,
in the sole opinion of the Planning Board, be extended in writing
by the Board upon the written request of the applicant.
(9)
Modifications to Approved Site Plans: To request a modification to
an approved site plan, an applicant shall submit to the Planning Board
a written description of the proposed modifications. Modified site
plans will, in most instances, be subject to the same submittal, review,
and hearing procedures as was the original filing. In the case of
a Level II approved site plan, if the Board determines that a particular
modification is not significant and is consistent with the previously
approved site plan, the Board may deem an additional public hearing
unnecessary.
(10)
Performance Guarantee:
(a)
Performance Guarantee: As a condition of site plan approval,
the Planning Board shall determine whether to require that a performance
bond, deposit of money, negotiable securities, or other such surety
acceptable to the Planning Board, be posted with the Town. This surety
is to cover costs of non-building construction, including, but not
limited to, any street disturbance, utilities, erosion control measures,
stormwater management measures, and other on-site or off-site improvements
which present a public health and safety hazard or nuisance if left
incomplete or improperly constructed. The Board may also require that
an amount be included for restoration of land disturbed during the
course of construction. The amount of security shall be determined
based on an estimate prepared by a professional cost estimator paid
for by the Applicant, which estimate may be confirmed or increased
by the Board. The Town may use the secured funds for their stated
purpose in the event that the applicant does not complete all improvements
in a manner satisfactory to the Board within two years from the date
of approval, or the final date of the last extension of such approval,
if any.
(b)
Plan Verification: Prior to the final release of the Performance
Guarantee, a copy of the final Site Plan(s), stamped by a professional
Civil Engineer, Land Surveyor, and/or Registered Architect, shall
be submitted to the Building Inspector and the Planning Board. Said
plans shall contain a statement that construction is consistent with
the approved plans and conditions set forth by the Planning Board
in the Site Plan Review approval or approved modifications. The Applicant
shall also submit to the Planning Board all drawings and plans in
computer aided drafting (CAD) and PDF format.
(c)
Release of Performance Guarantee: Upon completion of all of
the improvements required by a Performance Guarantee posted under
this By-Law, the Applicant may request full release of the surety
by sending a statement of completion and request for release to the
Planning Board and to the Town Clerk. If the Planning Board, or its
consulting engineer or designated representative, determines that
said construction has been completed in compliance with the approved
Site Plan, it shall release the Performance Guarantee and return it
to the person(s) or entity who furnished it.
(d)
Refusal of Release: If the Planning Board determines upon inspection
that said site improvements have not been either fully or adequately
completed, it shall specify in a notice sent by Certified Mail to
the Applicant and filed with the Town Clerk, how the site improvements
fail to comply with the requirements of this By-Law.
(11)
Inspections: Construction inspections in relation to an approved
site plan may be carried out by an agent designated by the Planning
Board, and all such costs shall be borne by the Applicant, as provided
for in the Site Plan Review Submission Requirements and Procedures.
If said inspections find that work is not being done in conformance
with the approved plans, the Board may suspend the approval until
the work in question is repaired.
(12)
Enforcement: Construction that does not comply with the site plan
and stated conditions of approval shall be deemed to be in violation
of this By-Law and, as such, shall be subject to fines and legal processes
so authorized. The Building Inspector shall take such action as may
be necessary to enforce full compliance with the provisions of this
By-Law and approvals issued hereunder. Any approval or permit issued
under this By-Law may be suspended when work is not performed as required.
(13)
Penalty: Any person violating any provisions of this Site Plan Review
By-Law or any of the conditions under which approval is granted may
be fined not more than three hundred dollars ($300.00) for each offense.
Each 24 hour period of continued violation shall be considered a separate
offense.
(14)
Project Completion: No permanent occupancy permits shall be issued
for any building or structure or portion(s) thereof, until:
(a)
The Planning Board receives a record plan prepared by a professional
land surveyor along with a statement from a professional engineer
that all construction (including utilities) has been done in accordance
with the approved site plan;
(b)
The Planning Board or the Planning Board's designated agent
verifies that the work has been completed in accordance with the approved
site plan, including all conditions of approval;
(15)
Adoption of Rules and Regulations, Fees, and Penalties:
(a)
Rules and Regulations: The Planning Board may, after notice
and public hearing, adopt and from time to time amend rules and regulations
to implement the provisions of this By-Law, including but not limited
to specifying the content and number of required plans, application
procedures, design and development standards, and other general requirements
consistent with this By-Law.
(b)
Fees and Penalties: Site plan review fees shall be governed and set by the Planning Board and shall be assessed to the owner and/or the applicant. Such fees may include a deposit for review by a consultant selected by the Town and/or for inspections during construction. The amount of fees shall be as listed in the Site Plan Review Submission Requirements and Procedures and administered in accordance with § 117-46 thru § 117-48 of the Town's Regulations for the Subdivision of Land.
