[Ord. No. 08-31, 10-7-2009]
(a)
Authority. This article is adopted pursuant to G.L. § 45-24-47
and G.L. § 45-24-49, as amended. The Cumberland Planning
Board shall have the administrative authority and duty, in accordance
with the requirements of the zoning ordinance and the land development
and subdivision regulations (the "regulations") to review and approve
all plans subject to development review. Development review shall
be required for certain types of development as described in § 12-3
below, but will not preclude the need to meet other requirements as
contained in this appendix, nor be used to deny a permitted use as
provided in Article 4.
(b)
Purpose. The purpose of development review is to ensure that industrial,
commercial, mixed-use and planned developments are consistent with
the goals and policies of the Cumberland Comprehensive Plan, and that
such development has a high quality site and architectural design
compatible with adjoining areas and the historic development pattern
of the Town; safe and convenient traffic circulation; and appropriate
signage, landscaping and lighting.
[Ord. No. 08-31, 10-7-2009]
Two review processes for development subject to review under
this article are established:
(a)
Development plan review.
(1)
Review of applications for uses requiring a special use permit,
a variance, a zoning ordinance amendment, and/or a zoning map change.
The review is conducted by the Planning Board or commission and is
advisory to the permitting authority, i.e., the zoning board or Town
Council, as appropriate.
(2)
Review applications for uses that are permitted by right. The
review is conducted by the Planning Board and is based on specific
and objective guidelines which are stated in Appendix B herein. A
rejection of the application shall be considered an appealable decision
pursuant to [G.L.] § 45-24-64 and this appendix.
(3)
Nothing in this section shall be construed to permit waivers
of any regulations unless approved by the permitting authority pursuant
to the local ordinance and this act.
(b)
Land development project review. A project in which one or more lots,
tracts, or parcels of land are to be developed or redeveloped as a
coordinated site for a complex of uses, units, or structures, including,
but not limited to, mixed-use development and/or cluster development
for residential, commercial, institutional, industrial, recreational,
open space, and/or mixed-uses as may be provided for in the zoning
ordinance. The review is conducted by the Planning Board in accordance
with the provisions of G.L. § 45-24-47 and G.L. § 45-23-38,
et seq.
(c)
Creation of vested rights/vesting of applications. Any application
shall be reviewed according to the regulations applicable in the zoning
ordinance in force at the time the application was submitted. (G.L.
§ 45-24-44 (c)). The master plan remains vested, as long
as it can be proved, to the satisfaction of the Planning Board, that
work is proceeding on either the approval stages, or the construction
of the development as shown on the approved master plan documents.
Vesting extends to all information shown on the master plan documents.
(G.L. § 45-23-48.)
[Ord. No. 08-31, 10-7-2009]
The following types of development shall be subject to development
plan review:
(a)
For uses requiring a special use permit, a variance, a zoning ordinance
amendment, and/or a zoning map change, as stated in § 12-2
above.
(b)
Any facade change to an existing industrial, commercial or mixed-use
building that is facing or within view of a public street or right-of-way
which requires the issuance of a building permit. Such facade changes
shall include alterations in door and window placement and style,
siding replacement, and addition or removal of architectural features
such as dormers, porches, railings, decks and columns.
(c)
New construction of an industrial, commercial or mixed-use building
containing no more than 25,000 square feet GFA, or the expansion of
50% or more of the footprint of an existing industrial, commercial
or mixed-used building containing no more than 25,000 square feet
GFA.
(d)
Any development that proposes to clear, grade, or disturb greater
than 10,000 square feet of land, or involve parking for more than
25 vehicles. This shall not include clearing conducted pursuant to
an approved residential subdivision or earth removal permit, or for
existing agricultural, forestry or related purposes.
(e)
Any proposed development that involves a gasoline service station,
or contains a drive-up window (including an automated teller machine).
(f)
A mixed-use development submitted under the provisions of § 9-1
of this appendix (mixed-use special district), for design and site
plan review.
(g)
Any other development or change of use, including an increase in
required parking of five or more spaces, and which may, in the opinion
of the planning director, have significant impacts on traffic, public
services and utilities, environmental quality, community economics,
public welfare or may otherwise impact the character of a neighborhood,
for review as appropriate.
|
The following types of development shall be subject to land
development project review:
| |
|
(a)
|
A mixed-use development submitted under the provisions of § 9-1
of this appendix (mixed-use special district).
|
|
(b)
|
A project in which one or more lots, tracts, or parcels of land
are to be developed or redeveloped as a coordinated site for a complex
of uses, units, or structures.
|
|
(c)
|
New construction of an industrial, commercial or mixed-use building
containing more than 25,000 square feet GFA, or the expansion of 50%
or more of the footprint of an existing industrial, commercial or
mixed-use building containing more than 25,000 square feet GFA.
|
|
No building permit shall be issued by the Building Official
for an activity for which development review is required until approval
is received from the Planning Board, or the administrative officer
of the Planning Board, as required. The approved plans and other documents
shall become part of the building permit application, and shall be
binding on any permit issued.
|
[Ord. No. 08-31, 10-7-2009]
The following actions are exempt from the provisions of this
article:
(a)
All permits for interior alterations and repairs.
(b)
Any permit necessary for the compliance of a lawful order of the
Building Official, Fire Chief or public works director related to
the immediate public health or safety.
(c)
All permits for demolition or wrecking.
(d)
A development which meets the threshold requirements described in
§ 12-3 above, but which is determined to be a minor facade
change or otherwise not to have a significant impact on community
aesthetics, traffic, public services and utilities, environmental
quality, community economics or public welfare. Such determination
shall be made by the planning director, and presented in the form
of a written report to the Planning Board, who shall either accept
or reject it.
(e)
Any development which has received a waiver of development plan approval
pursuant to § 3(H) of the land development and subdivision
regulations.
[Ord. No. 08-31, 10-7-2009]
(a)
Review by Planning Board. Development review applications shall be reviewed by the Planning Board pursuant to the procedures and time periods set forth in § 5 of the regulations, as amended.
While the Planning Board shall assume primary responsibility
for processing, review and approval of all development review applications,
the board may rely upon the expertise of a subcommittee serving at
the pleasure of, and as advisory to, the Planning Board. The subcommittee
shall have expertise in the areas of architecture, landscape architecture,
historic preservation, planning or allied fields, and shall assist
the Planning Board in evaluating overall site design and building
design when needed.
(b)
Precedence of approval between Planning Board and other local permitting
authorities. For those developments subject to the provisions of land
development review and also involve an application for a special use
permit, a variance, a zoning ordinance amendment and/or a zoning map
change, the applicant shall first obtain an advisory recommendation
from the Planning Board, if required, as well as conditional Planning
Board approval for the first state of review (which maybe simultaneous),
then obtain conditional approval from the permitting authority, and
then return to the Planning Board for preliminary and/or final approvals.
[Ord. No. 08-31, 10-7-2009]
Applications submitted under the provisions of this article
shall include plans and materials as required in Appendix C of the
regulations, "Checklist for a Design Plan Review Submission", and
other applicable requirements as contained in § 8 of the
regulations, "Land Development and Development Review Design Standards".
[Ord. No. 08-31, 10-7-2009]
In reviewing applications subject to this article, the Planning
Board shall apply site and building design standards and requirements
as contained in Appendix B to this appendix.
[Ord. No. 08-31, 10-7-2009]
(a)
Required findings. Prior to granting any development approval, the
Planning Board shall find that:
(1)
The granting of approval will not result in conditions inimical
to the public health, safety and welfare;
(2)
The requested action will not alter or impair the intent or
purpose of this article or the Cumberland Comprehensive Plan;
(3)
The plans for such projects comply with all the requirements
of this appendix and the subdivision regulations; and
(4)
Any conditions or restrictions that are necessary to ensure
that these findings have been met have been incorporated into the
vote of approval.
(b)
Special conditions. In granting development approval, the Planning
Board may apply such special conditions that promote the intent and
purposes of this article. Failure to abide by any special conditions
attached to approval shall constitute a zoning violation. Those special
conditions may include, but are not limited to, provisions for achieving
the following:
(1)
Development that minimizes changes to existing topography, loss
of mature vegetation and impacts on wetlands and important natural
and cultural features;
(2)
Building design and placement that is compatible with historic
development patterns;
(3)
Landscaping that provides adequate buffering for neighboring
properties, screening of parking and service areas, and enhancement
of the overall development;
(4)
Creation of on- and off-site vehicular, bicycle and pedestrian
connections where feasible and appropriate; and
(5)
Development for which the sequence and duration are controlled,
and the installation and maintenance of required improvements are
guaranteed, so as to meet the applicable site and design standards.
[Ord. No. 08-31, 10-7-2009]
The applicant shall pay all application fees as specified in
Appendix A of the regulations, as well as any costs incurred by the
Planning Board associated with the use of outside professional assistance
in the review of the proposed development. Such assistance may include,
but not be limited to, the review of overall building and site design,
site engineering including drainage and traffic impacts, environmental
assessment, evaluation of landscaping and site amenities, and architectural
review. The need for such review shall be at the discretion of the
Planning Board. Fees obtained from the applicant shall not exceed
actual costs.
[Ord. No. 08-31, 10-7-2009]
The provisions of this article shall be enforced by the zoning
enforcement officer. This appendix shall become effective immediately
upon its passage by the Cumberland Town Council and any ordinances
inconsistent herewith are hereby repealed.
