[Added 3-28-1989 STM
by Art. 2]
[Amended 6-18-1990 STM
by Art. 15; 3-10-1997 STM by Art.
S12]
A.
No permit to build, alter or expand any nonresidential building,
structure or use of land in any district where such construction shall
exceed a total gross floor areas of 500 square feet or require changes
or alterations to a parking area shall be issued by the Building Commissioner
until he or she shall have received from the Planning Board a written
statement of site plan approval by the Planning Board in accordance
with the provisions of this section. A building wholly or partially
destroyed may be rebuilt without recourse to this section if rebuilt
without change to the building footprint or the square footage of
usable space.
(1)
Pursuant to the provisions of § 230-2.1, all new uses and changes of use require a use permit issued by the Building Commissioner.
(2)
The Building Commissioner shall enforce the fulfillment of any
conditions which the Planning Board may impose. This section shall
not include signs or normal maintenance.
B.
Minor site plan review. Applications for permits to build, alter or expand any nonresidential building, structure or use in any district where such construction will exceed a total gross floor area of 500 square feet but not exceed a total gross floor area of 2,000 square feet, or will not generate the need for more than 10 parking spaces, or result in residential development of more than four dwelling units of multifamily residence (see § 230-5.3), shall require minor site plan review. For the purposes of computing the total gross floor area, the Planning Board shall aggregate all such applications made within the five previous calendar years. The following information shall constitute the submittal of a minor site plan for review:
[Amended 5-8-2017 ATM by Art. 35]
(1)
All of the information set forth in § 230-9.11A; provided, however, that the scale of the site plan may be one inch equals 80 feet; the plan may depict topographical contours at intervals available on maps provided by the United States Geological Survey, and the plan need not provide the information set forth in Subsection A(1)(k) of said section.
[Amended 10-21-2019 STM by Art. 20]
C.
Major site plan review. Applications for permits to build, alter, or expand any nonresidential building, structure or use in any district where such construction will exceed a total gross floor area of 2,000 square feet, or generate the need for more than 10 parking spaces, shall require major site plan review. For the purposes of computing the total gross floor area, the Planning Board shall aggregate all such applications made within the five previous calendar years. The following information shall constitute the submittal of a major site plan for review: all of the information set forth in §§ 230-9.4 and 230-9.11 in their entirety and §§ 230-9.6 and 230-9.12, if applicable.
[Amended 3-10-1997 STM
by Art. S12; 10-19-2021 STM by Art. 6]
When in accordance with § 230-7.1B of this bylaw, the Select Board or the Board of Appeals shall refer an application for a special permit to the Planning Board for review and comment, the Planning Board's written report to the Select Board or the Board of Appeals shall include, but not be limited to, all of the findings and determinations the Planning Board would make in reviewing a site plan under this section to the extent they are applicable to the information contained in the application for special permit. To the extent feasible, the Board of Appeals and the Select Board shall coordinate the submittal requirements for special permits under their jurisdiction with the Planning Board's submittal requirements for minor and major site plans, as set forth herein.
The Planning Board may reject an application for site plan approval
for the following reasons:
A.
Noncompliance with Zoning Bylaw.
B.
Incomplete application, including the application form, the accompanying
site plan maps and supporting documentation, or the application fee
as requested by the Planning Board.
C.
The site plan is so intrusive on the needs of the public in one regulated
aspect or another that rejection by the Board would be tenable because
no form of reasonable conditions can be devised to satisfy the problem
with the plan.
[Amended 3-10-1997 STM
by Art. S12]
[Amended 6-18-1990 STM
by Art. 15; 4-22-1996 ATM by Art.
29; 3-10-1997 STM by Art. S12]
A.
Site plan approval is designed to provide a balance between a landowner's
rights to use his land with the corresponding rights of abutters and
neighboring landowners to live or operate businesses without undue
disturbance (e.g., noise, congestion, smoke, dust, odor, glare, stormwater
runoff, etc.).
B.
Additional objectives include the preservation of the natural resources
of the Town; the creation of a better and safer living environment
and the enhancement of Marion's man-made resources, including the
Town's architectural and historic heritage.
C.
Site plan approval shall be granted upon a determination by the Planning
Board that the following considerations have been reasonably addressed
by the applicant. The Planning Board may impose reasonable conditions,
at the expense of the applicant, to secure this result. 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.[1]
(1)
New
building construction or other 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:
(a)
Minimize the volume of cut and fill, the number of removed trees
six inches' 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 threat of air and water
pollution;
(b)
Maximize pedestrian and vehicular safety both on the site and
egressing from it;
(c)
Minimize obstruction of scenic views from publicly accessible
locations;
(d)
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;
(e)
Minimize glare from headlights through plantings or other screening;
minimize lighting intrusion through use of such devices as cut-off
luminaries confining direct rays to the site, with fixture mounting
not higher than 20 feet;
(f)
Minimize unreasonable departure from the character and scale
of building in the vicinity, as viewed from public ways;
(g)
Minimize contamination of groundwater from on-site wastewater
disposal systems or operations on the premises involving the use,
storage, handling, or containment of hazardous substances.
(2)
All buildings in the layout and design shall be an integral
part of the development and have convenient access to and from adjacent
uses and roadways.
(3)
Individual buildings shall be related to each other in design,
masses, materials, placement, and connections to provide a visually
integrated development. Buildings should be separated by a minimum
of 30 feet or the height of the taller building, whichever is greater.
(4)
Treatment of the sides and rear of all buildings shall be comparable
in amenities and appearance to the treatment given street frontages
of these same buildings.
(5)
All buildings shall be oriented so as to ensure adequate light
and air exposure to the rooms within.
(6)
All buildings shall be arranged so as to avoid undue exposure
to concentrated parking facilities wherever possible, and shall be
oriented to preserve visual and audible privacy between adjacent buildings.
(7)
All buildings shall be arranged to be accessible to emergency
vehicles.
(8)
All areas proposed to satisfy usable open space requirements
shall be of a size, shape, soil characteristic, and slope suitable
for the intended use.
(9)
Where common open space is to be provided, the organization
proposed to own and maintain the open space shall include provisions
which recognize the right of the Town of Marion to enforce the maintenance
of common open space in reasonable order and condition and to assess
property owners for the cost of such maintenance in the failure of
the organization to maintain the common open space. Such assessment
shall become a lien on the properties.
[Amended 6-18-1990 STM
by Art. 15]
A.
Before submitting a site plan, an applicant shall meet informally with the Planning Board at a public meeting to review the information the applicant must submit and determine the required filing fee. At this meeting, the applicant shall request a written determination by the Planning Board of the amount of the filing fee and the need for and/or scope of an environmental assessment as described in § 230-9.6 below. The Planning Board shall advise the applicant in writing of the amount of the filing fee, the need for and/or scope of an environmental assessment, and any exceptions with respect to the site plan details under § 230-9.11 within 22 days of the pre-submission meeting. Any technical services required to assist the Planning Board in preparing its written response shall be included as part of the application fee under § 230-9.15.
[Amended 4-29-2003 STM
by Art. S5]
B.
The applicant shall also notify the Tree Warden and Building Commissioner
prior to any plan submission.
[Added 5-16-2006 ATM
by Art. 21]
C.
The Planning Board may, taking into consideration the size and impact
of the proposed project, waive any of the requirements in this section.
A.
An environmental assessment shall be prepared in all applications for site plan review within the Water Supply Protection District. An environmental assessment shall be prepared in support of all other development requiring site plan review, except that the Planning Board, as part of a pre-submission conference as described in § 230-9.5 above, may decide that the project is not of a size or nature requiring an environmental assessment or may scope an environmental assessment focusing on one or more significant impacts and advise the applicant of its decision in writing within 14 days of the pre-submission conference. The purpose of the environmental assessment is to assist the Planning Board in determining if the standards for review can be achieved.
B.
An applicant is encouraged to submit the suggested outline of an
environmental assessment for review by the Planning Board during a
pre-submission meeting.
C.
The environmental assessment, except as may be modified by the Planning
Board following a pre-submission conference meeting, must be prepared
by recognized professionals; the name, education, disciplines and
experience of the professionals shall be included in the environmental
assessment report.
D.
The environmental assessment shall include an evaluation of all influences,
both positive and negative, which can be expected to impact the natural
and man-made environment in the vicinity of the proposed project.
Both direct and indirect impacts shall be evaluated.
E.
Methods designed to mitigate and, where appropriate, monitor the
impacts shall be proposed; the party responsible for implementing
the mitigating measures shall be identified.
F.
Where applicable and where acceptable to the Planning Board, an environmental
impact report scoped and submitted in compliance with the Massachusetts
Environmental Policy Act may be submitted in satisfaction of all or
portions of the requirements under this section.
G.
The environmental assessment should assemble relevant material facts,
identify the essential issues to be decided, evaluate all mitigating
measures and reasonable alternatives, and make findings and conclusions.
It should be concise and analytical, not encyclopedic.
H.
The following elements of a typical environmental assessment are
identified to provide guidance and assistance to site plan applicants
and the Planning Board in scoping an environmental assessment:
(1)
A concise description of the proposed project, including its
purposes and need.
(2)
A concise description of the environmental setting of the area
to be affected; sufficient to understand effects of the proposed project
and alternatives.
(3)
A statement of the important environmental impacts of the proposed
project, including short- and long-term effects, and typical associated
environmental effects.
(4)
An identification and brief discussion of any adverse environmental
effects which cannot be avoided if the proposed project is constructed.
(5)
A description and evaluation of reasonable alternatives to the
project which would achieve the same objectives.
(6)
An identification of any irreversible and irretrievable commitments
of resources which would be associated with the project should it
be constructed.
(7)
A description of mitigation measures to minimize the adverse
environmental impacts.
(8)
A description of any growth-inducing aspects of the project
where applicable and significant.
(9)
A list of any underlying studies, reports, and other information
obtained and considered in preparing the environmental assessment.
A.
An applicant for site plan approval shall file with the Planning
Board copies of an application and a site plan, and a filing fee as
required by the Planning Board. The Planning Board shall acknowledge
receipt of the application and site plan by providing the applicant
a form on which the date of receipt is noted. Concurrently, the applicant
shall file a copy of the application and site plan with the Town Clerk.
Such application and site plan shall include the elements on which
the Planning Board is to make findings and determinations as provided
in this section, and shall also include information as to the nature
and extent of the proposed use of buildings, and such further information
as the Planning Board shall reasonably require by rule or regulation
in a Site Plan Review Manual. Applications for a building permit shall
not be filed prior to having received site plan approval under the
provisions of this bylaw. In subsequent applications concerning the
same subject matter, the Planning Board may waive the filing of plans
and documents to the extent they duplicate those previously filed.
B.
The Planning Board may, following a duly advertised public hearing,
adopt or amend the Site Plan Review Manual to provide further guidance
to both applicants and the Planning Board in the preparation, review
and approval of site plan approval applications. Copies of the adopted
manual shall be filed with the Town Clerk.
Site plan approval issued hereunder by the Planning Board shall
not be a substitute for compliance with the Rules and Regulations
Governing the Subdivision of Land in Marion or the Subdivision Control
Law as they may apply to an application submitted hereunder. The Planning
Board, by granting site plan approval, is not obligated to approve
any definitive plan nor reduce any time periods for the Planning Board's
consideration under the Subdivision Control Law. In order to facilitate
processing, the Planning Board may accept a combined plan and application
which shall satisfy this section, the Rules and Regulations Governing
the Subdivision of Land in Marion, and the Subdivision Control Law.
A.
The Planning Board shall, within five days of receipt of the site
plan application, transmit two copies of the application and site
plan to the following Town committees, departments, commissions, and
boards for review and comment: Conservation Commission, Board of Health,
Department of Public Works, Building Commissioner, Marine Resources
Commission, Fire Chief, and Police Chief, as appropriate. Other committees,
departments and commissions may be requested to review site plan applications
and site plans if the Planning Board feels such review will help in
its deliberations.
B.
If the Planning Board determines that the site plan application is
not complete, it may so advise the applicant to avoid delays to the
applicant due to the anticipated disapproval of an incomplete submission.
C.
The Conservation Commission and other agencies designated by the
Planning Board shall consider the same and submit a final report thereon
with recommendations to the Planning Board. The Conservation Commission
shall review the application with particular reference to the Wetlands
Protection Act and shall recommend as to the advisability of granting
the site plan approval and as to the restrictions which should be
imposed upon the development as a condition of such permit.
D.
The Planning Board shall not make a finding and determination upon
an application until it has received the final report of the Conservation
Commission and/or other agencies designated by the Planning Board
thereon, or until 21 days shall have elapsed since the transmittal
of said copies of the application and site plan to the Conservation
Commission and other agencies designated by the Planning Board without
such report being submitted. Failure of a commission or agency to
submit a report within the allotted time shall be interpreted as non-opposition
to the submitted site plan.
[Amended 6-18-1990 STM
by Art. 15; 4-25-1994 STM by Art.
27; 3-10-1997 STM by Art. S12; 11-13-2000 STM by Art. S5; 4-29-2003 STM by Art. S7; 11-3-2003 STM by Art. S20]
A.
Uses as of right. For uses "as of right," the Planning Board shall
provide notice of its decision on major and minor site plans to the
applicant within 60 days of its receipt of the application. That period
may be extended by written request of the applicant. The decision
of the Planning Board shall be based on a majority of those present
and shall be in writing. The Building Commissioner shall not issue
a building permit without the written approval of the site plan by
the Planning Board, unless 60 days have elapsed from the date of the
submittal of the site plan without action taken by the Planning Board.
B.
Uses available by special permit. For special permits, the Planning
Board shall provide notice of its decision to the special permit granting
authority within 45 days of its receipt of the application. That period
may be extended by written request of the applicant. The decision
of the Planning Board shall be based upon a majority of those present
and shall be in writing. The Building Commissioner shall not issue
a building permit without the written approval of the site plan by
the Planning Board, unless 45 days have elapsed from the date of the
submittal of the site plan without action taken by the Planning Board;
however, no site plan review shall be required for single-family or
two-family uses. Where the Planning Board approves a site plan with
conditions and amendments subject to a special permit, the conditions
imposed by the Planning Board shall be incorporated into the issuance,
if any, of a special permit by said granting authority.
C.
Decision.
(1)
The Planning Board may make the following determinations with
regard to a site plan:
(a)
The Planning Board shall approve an application if it finds that the proposed development is in conformance with this bylaw, after considering whether the proposed plan will comply, to the extent feasible, with the standards set forth in § 230-9.4. In granting approval of an application, the Planning Board may impose conditions, limitations and safeguards that shall be in writing and shall be a part of the approval; or
(2)
In the event the Planning Board approves a site plan application
under these provisions, any construction, reconstruction, substantial
exterior alteration or addition shall be built or altered in conformity
with any conditions, modifications and restrictions the Board shall
have made in its findings and determination and as set forth in the
application and site plan.
(3)
No permit, or any extension, modification or renewal thereof,
issued pursuant to this section shall take effect until the Town Clerk
certifies that 20 days have elapsed and no appeal has been filed or
that such appeal has been dismissed or denied.
D.
Minor changes to approved plan. Minor changes to the approved site plan may be submitted to the Building Commissioner for approval. All requests for minor change shall, within one business day of receipt, be referred to the Planning Board which, at its next regular meeting, shall evaluate the proposed changes against its previous findings to determine if it is major or minor. The Planning Board shall advise the Building Commissioner of its decision within two business days of that meeting. If the change is determined to be minor by the Planning Board, the Building Commissioner is authorized to either approve or to disapprove the change. If the change is determined to be major by the Planning Board, resubmission of an application for site plan review and approval under Article IX shall be required.
E.
Duration. The approval of a site plan application, or modification
or amendment thereof, shall remain effective for a period of two years
from the date of filing the decision with the Town Clerk, unless,
prior to the expiration of the two-year period, the applicant makes
substantial efforts to construct or develop in accordance with the
approved site plan, or, upon a written request from the applicant,
the Planning Board votes to extend the time period for a period not
to exceed one additional year.
F.
If use permit required. A site plan review and approval decision
shall not constitute a special permit where such special permit is
required to establish or undertake a use.
[Amended 6-18-1990 STM
by Art. 15; 4-26-2005 ATM by Art.
33]
Each applicant shall provide 19 paper copies, or a combination
of paper and downloadable electronic copies, as determined by the
Planning Board, of the proposed site plan of the tract for each application
for the site plan approval. Site plans shall include the following
information, unless specifically waived by a vote of the Planning
Board:
A.
Site
plan.
(1)
General information.
(a)
Date of site plan and date of each subsequent revision.
(b)
The title, scale and block for the plan and the Assessors' lot
and plan number of the site.
(c)
An arrow indicating North.
(d)
The name and address of the owners and/or applicant; the president
and secretary, if the applicant or owner is a business entity.
(e)
The zoning boundaries and property lines within 100 feet, lot
reservations, easements, rights-of-way and public grants or easements.
(f)
Public and private ways and driveways, with the name of said
ways indicated on the plan.
(g)
A key showing the locus of the parcel(s).
(h)
Existing site condition contours at intervals of two feet for
slopes between 3% and 15%; five-foot intervals for slopes greater
than 15%. All existing grades shall be indicated with dashed lines
and finished grades shall be indicated with solid lines.
(i)
Location of existing erratics, soil types, high points, vistas,
depressions, water bodies, wetlands, floodplain designations, wooded
areas and major trees (twelve-inch caliper or over) and other significant
existing features, including previous flood elevations of watercourses,
and wetlands, as determined by survey.
(j)
Location of existing structures that shall remain and all other
existing structures, such as walls, fences, culverts, bridges, as
well as roadways, with spot elevations. Structures to be removed shall
be indicated in dashed lines.
(k)
All structures and any significant topography within 50 feet
of the property lines shall be indicated.
(l)
The acreage of the tract(s) to the nearest 1/10 of an acre shall
be indicated.
(m)
A signature block for the Chairman shall be provided.
(n)
The plan shall be stamped by the engineer or surveyor who prepared
the plan.
(o)
Any areas that fall within the one-hundred-year floodplain or
a Velocity (VE or V) Zone shall be shown with base elevations.
(2)
Buildings and structures.
(a)
The proposed uses and layout of proposed and improved structures,
including square footage of each use, as well as the totals for each
structure.
(b)
Elevations for all sides of proposed or improved structure.
(c)
The location of solid waste bins and containers, including screening
details.
(d)
The location of all signs, existing and proposed.
(e)
Height of buildings, including relationship to existing and
proposed grades and sketches, as appropriate, to indicate the visual
impact on the community.
(f)
The locations, housing type and density of land use to be allocated
to parts of the site to be developed.
(3)
Landscaping. A plan showing all existing natural features, trees,
forest and water resources and proposed changes to these features,
including size and type of plant material. Water resources shall include
ponds, lakes, brooks, streams, wetlands, floodplains and drainage
retention areas.
(4)
Utilities and drainage.
[Amended 5-19-2008 ATM
by Art. 24]
(a)
The location of the proposed stormwater management system components
with proposed grading, pipe sizes, invert elevations, and rates of
gradient shall be provided. Typical cross sections and elevation details
of all stormwater management and collection system components shall
also be provided.
(b)
The design of the proposed stormwater management systems and
the required stormwater management plan (SWMP) submittals for all
site plans, open space development plans and flexible development
plans shall comply with the Subdivision Rules and Regulations of the
Planning Board[1] and the applicable requirements of the Board of Health
and the Conservation Commission.
(c)
Pursuant to MGL c. 41, § 81R, strict compliance with the Subdivision Rules and Regulations may be waived when, in the judgment of the Planning Board, such action is in the public interest, not inconsistent with the Subdivision Control Law, and promotes public health and safety. Requests for waivers shall follow the procedures set forth in § 300-2.8 of the Subdivision Rules and Regulations.
(5)
Traffic and parking.
(a)
All means of vehicular access to and from the site onto any
public way shall be indicated and include the size and locations of
driveways and curb cuts, traffic channels, acceleration and deceleration
lanes, and any additional width or any other device necessary to ease
the traffic flow.
(b)
The location and design of any off-street parking areas or loading
areas, showing the size and location of bays, aisles, barriers and
proposed plantings.
(c)
The total ground coverage by structures and impervious surfaces
shall be identified and measured.
(d)
All proposed streets and profiles, including grading and cross
sections showing width of roadway and locations and width of sidewalks.
(7)
Illumination. The proposed location, height, direction of illumination,
bulb type, power and time of proposed outdoor lighting and methods
to eliminate sky glare and glare onto adjoining properties must be
shown. Dark sky compliant lighting fixture shop drawings are to be
submitted for review, accompanied by a point-to-point photometric
analysis.
B.
Additional documents required. In addition to the site plan, the
following documents shall also be required, unless waived by the Board:
(1)
Copies of all existing or proposed agreements by which private
roads shall be maintained, refuse collected, snow plowed and removed,
and other supplementary services shall be provided.
(2)
The applicant shall prepare a circulation study both within
the site and as it may affect the surrounding areas, including estimates
of total automotive trips generated, peak-hour demand, present and
anticipated traffic volumes on adjoining streets, existing street
capacities and other elements which may influence and be influenced
by the development.
(3)
A traffic impact study conducted as part of an environmental
assessment required pursuant to this section shall consider the following:
(a)
Analysis of roadways that may be influenced by the project.
These roadways can be considered as adjacent roads and major intersections;
(b)
The analysis shall be completed for the estimated year of completion,
or, in the case of phased developments, for the first phase, with
the understanding that each phase shall require an independent analysis;
and
(c)
Analytical efforts shall consider the following: safety, including
accident data, sight distances, roadway conditions, etc.; capacity
analysis using Transportation Research Board Report No. 209; existing
volumes (traffic counting); site-generated and future traffic; and
planned transportation improvements.
(4)
A copy of any covenants, deed restrictions or exceptions that
are intended to cover all or any part of the tract;
(5)
All calculations necessary to determine conformance with bylaws
and regulations;
(6)
A survey prepared by a Massachusetts licensed surveyor shall
accompany the site plan and shall show the boundaries of the parcel
and the limits of all proposed streets, recreation and conservation
areas and other property to be dedicated to public use;
(7)
The names and addresses of all abutters; and
(8)
Such other information as may be required to show that the details
of the site plan are in accordance with applicable standards of the
Zoning Bylaw.
A.
In the case of plans which call for development over a period of
years, a schedule shall be included in the application showing the
proposed times within which each section of the development may be
started.
B.
The proponents of a phased development shall include assurances that
each phase could be brought to completion in a manner which would
not result in an adverse effect upon the Town as a result of termination
at that point.
C.
All site plans previously approved by the Planning Board shall be
submitted each time a new part or section is submitted for approval.
[Amended 3-10-1997 STM
by Art. S12]
A.
Preparation of major site plan.
(1)
A major site plan shall be prepared by a licensed engineer,
landscape architect or architect for general locations except where
waived by the Planning Board because of unusually simple circumstances.
(2)
For topographical and boundary survey information, the major
site plan shall be signed and sealed by a licensed land surveyor.
(3)
For all elements of design, which shall include drainage, pavements,
curbing, walkways, embankments, horizontal and vertical geometries,
utilities and pertinent structures, drawings shall be signed by a
licensed professional engineer.
B.
Preparation of minor site plan. Minor site plans may be submitted without the assistance of a licensed engineer, surveyor, architect, and/or landscape architect. However, at its first meeting in review of the minor site plan, the Planning Board may instruct the applicant, in writing, to have certain details of the plan prepared in accordance with any or all of the requirements of a major site plan set forth in § 230-9.13A.
After approval by the Planning Board and subject to the satisfaction
of any conditions of approval, a Mylar or linen print of all approved
site plan maps shall be submitted for signature and filing; all information
thereon shall be in black India ink.
As part of any application for site plan review, a fee shall
be required. This fee is structured to offset directly any expenses
the Town or Planning Board incurs in the review of the application.
The site plan review fee system is intended to encourage the applicants
to submit complete, accurate and thorough applications. Such applications
generally cost less to review. In such cases, these rules authorize
a refund to the applicant of any unused monies on deposit.
A.
Minimum review fee deposit. A minimum deposit, in an amount established
by the Planning Board, shall be submitted at the same time the application
and site plan are submitted to the Planning Board. The minimum review
fee deposit shall be submitted in check form and made out to the Town
of Marion. If, prior to action on the application, the Planning Board
finds that the amount of the deposit is not sufficient to cover the
actual costs incurred by the Town in its review of the application,
the applicant shall be required, upon written notice, to submit forthwith
to cover such costs. The Planning Board shall notify the applicant
of such additional amounts in writing by certified mail. Failure to
submit such additional amounts shall be deemed a violation of these
regulations and shall be deemed reason to deny approval of the application.
If the actual costs incurred by the Town or Planning Board for the
review of the application are less than the amount of the deposit,
the Planning Board shall authorize that such excess amount be refunded
to the applicant concurrently with Planning Board action on the site
plan application.
B.
Costs covered by fee. The review fee shall be applied to all costs
associated with the proper review and administration of the site plan
application, including, but not limited to, staff time in administration
and review of the application, costs for legal notices, advertising
costs, and public hearing costs. The Planning Board is authorized
to retain professional planners, registered professional engineers,
architects or landscape architects, attorneys or other professional
consultants to advise the Board on any and all aspects of the site
plan. The cost of the advice shall be borne by the applicant.
C.
Planning Board regulations. The Planning Board, following a public
hearing, may adopt, and from time to time amend, procedures for establishing
fees, including costs for in-house processing and review and the engagement
of outside experts.
[Amended 6-18-1990 STM
by Art. 15]
