The purpose of this article is to provide for individual detailed
review of development proposals which have an impact on the natural
or built environment of the Town of Millville in order to promote
the health, safety and general welfare of the community; to ensure
adequate parking, safe and accessible pedestrian and vehicular circulation;
and to minimize traffic impact on Town streets.
The following types of activities and uses require site plan
review by the Planning Board:
[Amended 11-18-2013 STM
by Art. 7]
A.
One
original and 10 copies of the completed application form and of the
plans and related materials shall be submitted to the Planning Board
or its agent at a regularly scheduled Planning Board meeting. The
application shall also be accompanied by the submission of a fee in
accordance with the Planning Board’s Fee Schedule and an electronic
copy of all submission materials. Concurrently, one copy of the completed
application form shall be submitted by the applicant to the Town Clerk,
and a receipt therefor shall be submitted with the Planning Board
copy of the application form.
B.
Within
10 days from the submission of the application at a regularly scheduled
meeting, the Planning Board or its agent shall notify the applicant
whether the application is complete. Notice of completeness may require
the submission of additional material or denial for being incomplete.
If the Planning Board or its agent fails to provide a notice of completeness,
the application shall be deemed complete.
C.
Once
the Planning Board or its agent determines the SPA application submittal
to be complete, one copy of the application form shall be transmitted
to at least the following: the Planning Board consultant, ZBA, Building
Department, Board of Health, Conservation Commission, Highway Department,
Fire Department, and Police Department. A file copy of the plans and
related materials shall remain in the Planning Board office to serve
as a common review copy. The other copies shall be distributed as
needed.
D.
Each board or department receiving the application form as required by Subsection C above may, within 30 calendar days of the date of the complete application submittal, file with the Planning Board or its agent a written report recommending approval, approval with modifications or conditions or disapproval, stating its reasons therefor. Failure to respond within said 30 days shall be deemed lack of opposition to the application. The Planning Board shall hold a public hearing on said application within 45 days from the date the application is deemed complete per Subsection B.
E.
Site
visit. The Planning Board may conduct a site visit following the first
public hearing. At the site visit, the Planning Board and/or its agents
shall be accompanied by the applicant and/or its agents.
F.
For
SPA applications, the Planning Board shall render a decision on the
application, file notice of said decision with the Town Clerk and
send to the applicant, by certified mail, return receipt requested,
a copy of the notice and decision within 45 calendar days from the
close of the public hearing or within 180 days from the opening of
the hearing, whichever comes first, or said application shall be deemed
approved.
For applications also requiring a special permit, the public
hearing process may occur concurrently.
Where the Planning Board approves a site plan "with conditions,"
and said approved site plan accompanies a special permit or variance
application to the Board of Appeals, the conditions imposed by the
Planning Board shall be incorporated into the issuance, if any, of
a special permit or variance by the Board of Appeals.
Where the Planning Board serves as the special permit granting
authority for proposed work, it shall consolidate its site plan review
and special permit procedures.
The applicant may request, and the Planning Board may grant
by majority vote of its membership, an extension of the time limits
set forth herein.
No deviation from an approved site plan shall be permitted without
modification thereof.
Site plan approval does not constitute a certification that
the proposed plan conforms to applicable zoning regulations, wetland
regulations and/or any other Town, state or federal requirements that
must be obtained prior to implementation of the elements of the site
plan.
Applicants are invited to submit a preapplication sketch of
the proposed project to the Planning Department and are encouraged
to schedule a presubmission meeting with the Planning Department.
Site plans shall be submitted on twenty-four-inch by thirty-six-inch
sheets. Plans shall be prepared by a registered professional engineer,
registered land surveyor, architect, or landscape architect, as appropriate.
Dimensions and scales shall be adequate to determine that all requirements
are met and to make a complete analysis and evaluation of the proposal.
All plans shall have a minimum scale of one inch equals 40 feet.
The contents of the site plan are as follows: plan sheets prepared
at a scale of one inch equals 40 feet or such other scale as may be
approved by the Planning Board. The plans are as follows:
A.
Site
layout, which shall contain the boundaries of the lot(s) in the proposed
development, proposed structures, general circulation plan for vehicles
and pedestrians, drive-through windows, curb cut locations, parking,
fences, walls, walks, outdoor lighting, including proposed fixtures,
loading facilities, solid waste storage locations, and areas for snow
storage after plowing. The first sheet in this plan shall be a locus
plan, at a scale of one inch equals 100 feet, showing the entire project
and its relation to existing areas, buildings and roads for a distance
of 1,000 feet from the project boundaries or such other distance as
may be approved or required by the Planning Board.
B.
Topography
and drainage plan, which shall contain the existing and proposed final
topography at two-foot intervals and plans for handling stormwater
runoff drainage.
C.
Utility
plan, which shall include all facilities for refuse and sewage disposal
or storage of all these wastes, the location of all hydrants, fire
alarm and fire-fighting facilities on and adjacent to the site, all
proposed recreational facilities and open space areas, and all wetlands,
including floodplain areas.
D.
Architectural
plan, which shall include the ground floor plan, proposed exterior
building materials, treatments and colors and architectural elevations
of all proposed buildings and a color rendering where necessary to
determine the proposal's effect on the visual environment.
E.
Landscaping
plan, showing the limits of work, existing tree lines as well as those
tree lines to remain, and all proposed landscape features and improvements,
including screening, planting areas with size and type of stock for
each shrub or tree, and including proposed erosion control measures
during construction.
F.
Lighting
plan showing the location and orientation of all existing and proposed
exterior lighting, including building and ground lighting. The plan
shall note the height, initial footcandle readings on the ground and
the types of fixtures to be used.
G.
The
site plan shall be accompanied by a written statement indicating the
estimated time required to complete the proposed project and any and
all phases thereof. There shall be submitted a written estimate, showing
in detail the costs of all site improvements planned.
H.
A written
summary of the contemplated projects shall be submitted with the site
plan indicating, where appropriate, the number of dwelling units to
be built and the acreage in residential use, the evidence of compliance
with parking and off-street loading requirements, the forms of ownership
contemplated for the property and a summary of the provisions of any
ownership or maintenance thereof, identification of all land that
will become common or public land, and any other evidence necessary
to indicate compliance with this bylaw.
I.
The
site plan shall be accompanied by drainage calculations by a registered
professional engineer as well as wetland delineations, if applicable.
Storm drainage design must conform to Town of Millville Subdivision
Regulations.
J.
Certification
that the proposal is in compliance with the provisions, if applicable,
of the Americans with Disabilities Act and the Massachusetts Architectural
Barriers Board.
The Planning Board may, upon written request of the applicant, waive any of the submittal or technical requirements of § 100-1011 where the project involves relatively simple development plans.
A.
Site
plan approval shall be granted upon determination by the Planning
Board that the plan meets the following objectives. The Planning Board
may impose reasonable conditions at the expense of the applicant,
including performance guarantees, to promote these objectives. Any
new building construction or other site alteration shall provide adequate
access to each structure for fire and service equipment and adequate
provision for utilities and stormwater drainage consistent with the
functional requirements of the Planning Board's subdivision rules
and regulations.
B.
New
building construction or other site alteration shall be designed in
the site plan, after considering the qualities of the specific location,
the proposed land use, the design of building form, grading, egress
points, and other aspects of the development, so as to:
(1)
Minimize the volume of cut and fill, the number of removed trees
of six-inch caliper or larger, the length of removed stone walls,
the area of wetland vegetation displaced, the extent of stormwater
flow increase from the site, soil erosion, and the threat of air and
water pollution.
(2)
Maximize pedestrian and vehicular safety to and from the site.
(3)
Minimize obstruction of scenic views from publicly accessible locations.
(4)
Minimize visual intrusion by controlling the layout and visibility
of parking, storage, or other outdoor service areas viewed from public
ways or premises which are residentially used or zoned.
(5)
Minimize glare from vehicle headlights and lighting fixtures.
(6)
Minimize unreasonable departure from the character, materials, and
scale of buildings in the vicinity, as viewed from public ways and
places.
(7)
Minimize contamination of groundwater from on-site wastewater disposal
systems or operations on the premises involving the use, storage,
handling, or containment of solid and liquid wastes and hazardous
substances.
(8)
Ensure compliance with the provisions of this Zoning Bylaw.
(9)
Minimize damage to existing adjacent public ways.
(10)
Promote orderly and reasonable internal circulation within the site
so as to protect public safety and not unreasonably interfere with
access to a public way or circulation of traffic on a public way in
general.
Site plan approval shall lapse after two years from the final
approval if a substantial use in accordance with such approved plans
has not commenced except for good cause. Such approval may, for good
cause, be extended in writing by the Planning Board upon the written
request of the applicant, within this one-year period.
The Planning Board may adopt and from time to time amend reasonable
regulations for the administration of these site plan guidelines.
The Planning Board may, from time to time, adopt reasonable
administrative fees and technical review fees for site plan review.
Any person aggrieved by a decision of the Planning Board rendered pursuant to this Article X may appeal such decision to the Zoning Board of Appeals as provided in MGL c. 40A, § 8.
