Ashland City Zoning Code
SECTION 9
0 ADMINISTRATION AND PROCEDURES
9.1
ENFORCEMENT
9.1.1
Building Inspector. This By-Law shall be enforced by the Building Inspector. The Building Inspector shall take such action as may be necessary to enforce full compliance with the provisions of the chapter and of permits and variances issued hereunder, including notification of noncompliance and request for legal action through the Selectmen to the Town Counsel.
9.1.2
Compliance. Buildings, structures, signs or land may not be erected, substantially altered, moved or changed in use without certification by the Building Inspector that such action is in compliance with then applicable zoning or without review by him/her regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local law. Issuance of a building permit or certificate of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code may serve as such certification.
9.1.3
Permit Responsibility. Responsibility for obtaining permits and certification shall be that of the owner of the premises.
9.1.4
Violations and Penalties; Criminal Disposition. Any person violating any provision of this bylaw except Section 5.3 shall be fined, if convicted, according to the following schedule:
First offense: | $100.00 | |
Second offense: | $200.00 | |
Third and each succeeding offense: | $300.00 | |
Any person violating any provision of Section 5.3 shall be fined, if convicted, according to the following schedule: | ||
First offense: | $25.00 | |
Second offense: | $50.00 | |
Third offense: | $100.00 | |
Subsequent offenses: | $200.00 | |
Each day or part thereof in violation of any provision of this chapter, whether such violation is continuous or intermittent, shall constitute a separate and succeeding offense. | ||
9.1.5
Violations and Penalties; Non-Criminal Disposition. Violations by any person of any provisions of this bylaw except § 5.3 may be processed pursuant to G.L. Chapter 40, s. 21D. Fines for violations shall be assessed according to the following schedule:
First offense: | $100.00 | |
Second offense: | $200.00 | |
Third and each succeeding offense: | $300.00 | |
Any person violating any provision of § 5.3 shall be fined, if convicted, according to the following schedule: | ||
First offense: | $25.00 | |
Second offense: | $50.00 | |
Third offense: | $100.00 | |
Subsequent offenses: | $200.00 | |
Each day or part thereof of violation of any provision of this chapter, whether such violation is continuous or intermittent, shall constitute a separate and succeeding offense. Enforcement of this bylaw under the Non-Criminal Disposition process shall be carried out by the Zoning Enforcement Officer, the Assistant Zoning Enforcement Officer, any person having police powers, or other person so designated by the Town Manager. | ||
9.2
BOARD OF APPEALS
9.2.2
Powers. The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by this By-Law. The Board's powers are as follows:
1.
To hear and decide applications for special permits. Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority.
2.
To hear and decide appeals or petitions for variances from the terms of this By-Law, with respect to particular land or structures, as set forth in G.L. c. 40A, s. 10. The Board of Appeals shall not grant use variances.
9.2.3
Regulations. The Board of Appeals may adopt rules and regulations for the administration of its powers.
9.2.4
Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.
9.3
SPECIAL PERMITS
9.3.1
Special Permit Granting Authority. Unless specifically designated otherwise, the Board of Appeals shall act as the Special Permit Granting Authority.
9.3.2
Criteria. Special permits shall be granted by the Special Permit Granting Authority, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this By-Law, the determination shall include consideration of each of the following:
1.
Community needs served by the proposal;
2.
Traffic flow and safety, including parking and loading;
3.
Adequacy of utilities and other public services;
4.
Neighborhood character and social structures;
5.
Impacts on the natural environment; and
6.
Potential fiscal impact, including impact on town services, tax base, and employment.
9.3.3
Procedures. An application for a special permit shall be filed in accordance with the rules and regulations of the Special Permit Granting Authority.
9.3.4
Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the Special Permit Granting Authority may deem necessary to serve the purposes of this By-Law.
9.3.5
Plans. Unless otherwise provided by rule or regulation of the special Permit Granting Authority, an applicant for a special permit shall submit a plan in substantial conformance with the requirements of Section 9.4, herein.
9.3.6
Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section.
9.3.7
Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.
9.3.8
Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof) with the Town Clerk.
9.3.9
Priority Development Site(s). An application for a special permit required in connection with the development of a Priority Development Site (PDS) shall be submitted simultaneously with any other permit application(s) required by the Code of the Town of Ashland, including these Zoning By-laws, relating to the use or development of the PDS or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D, and a decision thereon shall be rendered no later than one hundred eighty (180) days from said date of submittal. Review of an application for a special permit shall be combined with any other review(s) required of the Special Permit Granting Authority (SPGA). Where the Board of Appeals is designated as the SPGA and said other review(s) are required of the Planning Board, or where the Planning Board is designated as the SPGA and said other review(s) are required of the Board of Appeals, all reviews shall occur at joint session(s) of those Boards, when feasible.
[Added 5-5-2010 ATM, Art. 17]
9.4
SITE PLAN REVIEW
9.4.1
Applicability. Site plan review shall apply to:
1.
The construction of a commercial or industrial structure in the Commercial A, Commercial B or Industrial Zoning District;
2.
The enlargement of floor area or change of use of a commercial or industrial structure in the Commercial H, Commercial D or Industrial Zoning District;
3.
The change of use of a residential structure in the Commercial H, Commercial D or Industrial Zoning District;
4.
The construction, exterior alteration or change of use of a structure in the Commercial H or D Zoning District so as to contain a mixture of residential and nonresidential uses;
5.
The construction or erection of buildings or accessory structures (whether otherwise allowed by right or by special permit), except for single family homes and their accessory structures, including the enlargement or change in location of the exterior walls so as to increase the building footprint by ten (10%) or more, or increase its gross floor area by more than twenty-five percent (25%) whether or not accompanied by exterior construction except in conformity with a site plan bearing an endorsement of approval by the Planning Board.
6.
The physical expansion of a parking area by ten percent (10%) or more; changes in use resulting in an increase in parking area requirements greater than or equal to six (6) spaces; new or expanded.
7.
All applications for building permits including six (6) or more parking spaces, unless a site plan and design plan review have been endorsed by the Planning Board after consultation with other boards, departments and committees, including but not limited to the following: Inspector of Buildings, Board of Health, Select Board, Town Planner, Town Engineer, Water and Sewer Commission, Town Manager, Conservation Commission, Highway Department, Fire Department, Police Department and Technical Review Committee.
[Amended 11-20-2019 STM, Art. 14]
No building permit shall be issued for the construction of any of the above without site plan review approval and design plan approval. |
9.4.2
Purpose. The purpose of site plan review is to further the purposes of this chapter and to ensure that new development is designed in a manner which reasonably protects safety or internal circulation and egress, provides adequate access to each structure for fire and service equipment, assures adequate utility service and drainage, protects visual and environmental qualities and protects the property values in the town. Site plan review and design plan review are intended to require plan submittal for review by the Planning Board or its designee, as advisory to the Building Inspector and the Special Permit Granting Authority (SPGA), prior to the issuance of a building or special permit.
1.
The purpose of Design Plan Review is to provide detailed review of uses and structures having a substantial impact upon the character of the Town; to prevent blight; to enhance the natural and aesthetic qualities of the Town; to conserve the value of land and buildings; to protect and preserve the historic and cultural heritage of the Town; and to promote design which is compatible with present character of the Town.
9.4.3
Application.
1.
Site plan review, design plan review and approval shall occur prior to the application for a building permit.
2.
Prior to official application to the Planning Board, all requests for waivers from the provisions of this section shall be made, in writing, to the Planning Board for its review and decision. The Planning Board shall issue a written statement specifying waivers and/or additional information that must be included with the application within a fourteen-day period from the date of the first Planning Board meeting that follows the written waiver or condition request.
3.
Incomplete applications shall not be accepted by the Planning Board. Following submission of an application to the Planning Board, the Board or its agent shall review the application for completeness within three (3) business days of the submission. Completeness shall be based on the requirements of Subsection D(1) as modified by the Planning Board in its pre-application review. If determined incomplete by the Planning Board or its agent, the applicant shall be notified by certified mail that the plan in not accepted due to incompleteness.
4.
Each application for site plan review and design plan review shall be submitted to the Planning Board by the current owner of record or by a prospective buyer with a signed agreement to purchase, accompanied by six (6) paper copies of the site plan at 24 x 36 and six (6) copies at 11 x 17. The Town Planner may reduce the number of copies as he/she deems necessary and appropriate. PDFs of the application, site plan, and all other associated documents shall also be emailed to the Town Planner.
[Amended 5-7-2014 ATM, Art. 23]
5.
The Planning Board may require with any submission a payment sufficient to cover any expenses connected with a public informational meeting, review of plans, inspection services or on-site monitoring or installation of utilities as designated, including the cost of any engineering or planning consultant services necessary for review and/or determination of compliance with the construction standards adopted by the Planning Board as part of its rules and regulations. Such standards shall govern all construction in support of the aforesaid purposes, unless waived by the Planning Board. Said fees may be described in the Planning Board's fee schedule as periodically amended and available for public review in the Town Clerk's office. The Planning Board or its designee may communicate directly with the proponent in all matters concerning site plan review and may solicit comments from any party as it deems necessary.
6.
For any project located on a Priority Development Site (PDS) and requiring site plan review, design plan review and approval hereunder, an application therefor shall be submitted simultaneously with any other permit application(s) required by the Code of the Town of Ashland, including these Zoning By-laws, relating to the use or development of the PDS or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D. Site plan and design plan review shall be combined with any other review(s) required of the Planning Board; where the Board of Appeals is responsible for said other review(s), all reviews shall occur at joint session(s) of the Planning Board and the Board of Appeals, when feasible.
[Added 5-5-2010 ATM, Art. 17]
9.4.4
Required Site Plans and Design Plan Review Contents. All site plans shall be prepared by a registered architect, landscape architect or professional engineer, unless this requirement is waived by the Planning Board because of unusually simple circumstances. The construction standards set forth in the Planning Board's Regulations Governing the Subdivision of Land, or the standards otherwise adopted by the Planning Board as part of its rules and regulations, shall govern all construction, unless waived by the Planning Board. The Planning Board may waive any information requirements it judges to be unnecessary to the review of a particular plan. All site plans shall be on standard twenty-four-by-twenty-six-inch sheets and shall be prepared at a minimum scale of one (1) equals forty (40) feet or as approved by the Planning Board or its agent and shall show:
1.
The location and boundaries of the lot and adjacent streets or ways and the location and owners' names of all adjacent properties.
2.
Existing and proposed topography, including contours, the location of the wetlands (as defined by the Massachusetts Wetlands Protection Act), streams, water bodies, drainage swales, areas subject to flooding and unique natural land features.
3.
Existing and proposed structures, including dimensions and elevations.
4.
The location of parking and loading areas, driveways, walkways, access and egress points, curb cuts, handicapped spaces and fire lanes. Such information shall be provided on a separate sheet which also depicts and assures accessibility and travel flow compatibility, using recognized standards (DOT), for all types of vehicles intended to utilize the proposed site.
5.
The location and description of all proposed septic systems, water supply, storm drainage systems, utilities and refuse and other waste disposal methods, including compactors, dumpsters and the equivalent.
6.
Proposed landscape features, including the location and description of screening, fencing and plantings.
7.
The location, dimensions, height and characteristics of proposed signs.
8.
The location and description of all outdoor and streetlighting, including methods of screening adjacent properties and public ways from glare.
9.
The location and description of proposed open space or recreation areas, if provided.
10.
In the case of commercial or industrial projects, information on the types of business that may be operating on the property, so as to plan accordingly for the needs of specific types of businesses. In the case of projects where it is unclear what specific use will be involved, the applicant shall be required to provide information on the general characteristics to which uses on the site shall conform.
11.
A construction timetable indicating estimated startup and completion dates.
12.
An architectural rendering and/or cross-section of the development shall be submitted.
13.
A separate Project Narrative that includes a description of the proposed uses and a written summary of the site plan.
[Added 5-2-2018 ATM, Art. 24]
9.4.5
Procedures for Site Plan Review and Design Plan Review.
1.
The maximum period of review and decision for site plans and design plan reviews shall be one hundred twenty days (120) days from the date of submittal of a complete application, unless the review period is extended by mutual agreement of the Planning Board and applicant. Failure by the Planning Board to vote a decision before the end of the review period shall be deemed approval of the plan.
[Amended 5-7-2014 ATM, Art. 23]
2.
The Planning Board shall within seven (7) days from the date of submittal of a complete application transmit one (1) 24 x 36 paper copy of the site plan to the Board of Health, Building Inspector, Conservation Commission, and Department of Public Works, and one (1) 11 x 17 paper copy to the Fire and Police Departments. Any comments and recommendations shall be issued to the Town Planner within seven (7) days of receipt of the abovementioned materials.
[Amended 5-7-2014 ATM, Art. 23]
3.
The Planning Board shall hold a public hearing within sixty-five (65) days of the receipt of an application. Notifications shall be provided in compliance with M.G.L. Chapter 40A Section 11. The applicant or agent shall attend such public hearing in order to assist the Planning Board in responding to public questions and concerns. Failure to attend shall be deemed lack of compliance with the requirements of this chapter.[1]
[Amended 5-7-2025 ATM by Art. 19]
[1]
Editor’s Note: Former Subsection 9.4.5.4, concerning time limits for decisions for projects in a priority development site (PDS), added 5-5-2010 ATM, Art. 17, was repealed 5-7-2014 ATM, Art. 23.
9.4.6
Site Plan Review Criteria and Design Plan Review; General Criteria. The following criteria shall be considered by the aforementioned Boards in the review and evaluation of a site plan, consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which it is located. If the proposal also requires a special permit, it must conform to the special permit requirements set forth herein. The development shall be integrated into the existing terrain and surrounding landscape and shall be designed to protect abutting properties and community amenities. Before approval of a site plan, the Planning Board may request the applicant to make modifications in the proposed design of the project to ensure that these criteria are met. Site plans shall, to the extent feasible:
1.
Minimize use of wetlands, steep slopes, floodplains and hilltops;
2.
Minimize obstruction of scenic views;
3.
Preserve unique natural or historical features;
4.
Minimize tree, vegetation and soil removal and grade changes;
5.
Maximize open space retention;
6.
Screen objectionable features from neighboring properties and roadways.
7.
Consideration shall be given to the impacts of the project on town services and infrastructure.
8.
Electric, telephone, cable television, gas, water, sewer, drainage and other such utilities shall be underground except in cases of extreme physical and environmental constraints.
9.
Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be set back or screened to protect the neighbors and those using public ways from objectionable features. Such areas shall not impede the flow of traffic on public ways.
10.
When applicable, the site plan shall show measures to reduce and abate noise generated from the site that will impact surrounding properties.
11.
The site plan shall comply with all zoning requirements for parking, loading, signage, dimensions and environmental performance standards and all other provisions of this By-law.
12.
The site plan shall be consistent with the objectives of the Comprehensive Plan and other applicable specific plans adopted by the Planning Board.
9.4.7
Building Design. For all buildings other than single- and two-family structures, consideration should be given to architectural style and its relation to the prevailing character and scale of buildings in the neighborhood and the town. Factors to be considered include the use of appropriate building materials, screening, breaks in roof and wall lines and other architectural techniques. Variation in detail, form and sitting should be used to provide visual interests and to avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation and separation between buildings.
9.4.8
Traffic. The plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site, in relation to abutting properties and in relation to adjacent ways. On-site areas for loading, unloading and storage shall not impede the flow of traffic on streets. In cases where the Planning Board deems it necessary to have a professional traffic analysis, such analysis shall describe estimated average daily and peak hour vehicle trips to be generated by the site and traffic flow patterns for vehicles and pedestrians showing adequate access to and from the site and adequate circulation within the site. An analysis of traffic data (as is reasonably available from public agencies and departments) or all relevant intersections shall also be provided by the applicant. Plans shall demonstrate efforts to minimize the number of curb cuts. Parking plans shall maximize the extent to which employee parking is provided by the applicant so as not to overburden public parking facilities.
9.4.9
Water. The site plan shall show adequate measures to prevent pollution of surface or ground water, to minimize erosion and sedimentation and to prevent changes in groundwater levels, increased volume and rate of runoff and potential for flooding. Drainage shall be designed so that runoff shall not be increased in rate or volume, groundwater recharge is maximized and neighboring properties will not be adversely affected.
9.4.10
Landscaping. Landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of neighboring developed areas and shall be related harmoniously to the terrain and to the use.
1.
Site shall be developed in a coordinated manner to complement adjacent structures through placement, architecture, colors, and size/mass.
2.
Whenever possible, buildings on the same site should be clustered and incorporate plazas, courtyards, pocket parks, and other pedestrian use areas.
3.
Provide unity of design through repetition of plans and coordination with adjacent developments.
4.
Landscape materials should be hardy species that are adaptable to local conditions, easily maintained and drought tolerant. Use of native plants is strongly encouraged.
5.
Landscape treatment should be provided to enhance the building design and other site improvements.
9.4.11
Buildings. Sites should be developed in a coordinated manner to complement adjacent structures through placement architecture, colors, size, mass. Proposed buildings shall be related to their surroundings with respect to height, street facade, rhythm of solids and voids; spacing of buildings or signs; materials, textures, and color, roof slopes, and scale. All exterior building components including windows, doors, eaves, and parapets are to be included as elements of building design. Excessive brilliance or brightness shall be avoided except where that would enhance the character of the area. Mechanical equipment or other utility hardware on the roof, grounds or buildings shall be screened from view.
1.
Building shall reflect an individual design that has considered site location, conditions, and surrounding development. Building design should provide a sense of permanence and timelessness. High quality construction and materials should be used to ensure that buildings will not look dated or worn down over time.
2.
A consistent visual identity shall be applied to all sides of buildings visible to the general public. In these areas, all building sides shall have an equivalent level of quality of materials, detailing, and window placement. Abrupt ending of architectural details shall be avoided with no radical change in details, features, or materials.
3.
Building design shall incorporate traditional building materials such as masonry, stone, heavy timbers, brick, and other natural appearing materials.
9.4.12
Final Action. The Planning Board's final action shall consist of:
1.
A stamped determination that the proposed project will constitute a suitable development and is in compliance with the criteria set forth in this chapter; and
2.
Written approval subject to any conditions, modifications and restrictions as the Planning Board may deem necessary, filed with the Town Clerk; or
3.
A written denial of the application stating reasons for such denial and the specific changes required in the site plan in order to receive site plan approval. Any such denial shall refer to the site plan review criteria that are inadequately met in the plan and the expected negative impacts thus resulting.
9.4.13
Enforcement.
1.
Construction that does not comply with the site plan approved under this section shall be deemed to be in violation of this chapter, and as such shall be subject to fines and legal processes so authorized.
2.
The Planning Board may recommend the posting of a performance guaranty to assure compliance with the plan and conditions.
3.
Construction inspections in support of the purposes of site plan review and design plan review shall be carried out by an agent designated by the Planning Board, and all such costs shall be borne by the proponent, as aforesaid.
4.
Prior to the use and occupancy of the project, all construction in support of the purposes of site plan and design plan review conditions shall be completed according to the approved plan. This includes maintenance of final grades and elevations as depicted, and the placement of hydrants according to Fire Department regulations. The Planning Board may require an as-built plan drawn in conformance with the standards adopted by the Planning Board as part of its rules and regulations.
9.4.14
Lapse. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Board upon the written request of the applicant.
9.4.15
Regulations. The Board may adopt reasonable regulations for the administration of site plan review.
9.4.16
Fee. The Board may adopt reasonable administrative fees and technical review fees for site plan review.
9.5
PLANNING BOARD ASSOCIATE MEMBER
9.5.1
Applicability. In cases where the Planning Board is designated as the Special Permit Granting Authority in specific sections of this Bylaw, one (1) associate member shall be authorized as provided for in Section 9 of G.L. Chapter 40A.
9.5.2
Initial Appointment. The Select Board and Planning Board shall appoint an associate member by majority vote of the combined membership of both boards, sitting and voting. A majority of each board shall be required to sit and vote.
[Amended 11-20-2019 STM, Art. 14]
9.5.3
Term of Office. Initially an associate member shall be appointed for a term expiring on June 30, 1999. Thereafter, the term of an associate member shall be for three (3) years.
9.5.4
Vacancy. In the event of a vacancy in the position of associate member, the position shall be filled in the same manner as outlined herein. The term of the person appointed to fill a vacancy shall be the remainder of the unexpired term of appointment.
9.5.5
Duties. The chairman of the Planning Board may designate an associate member to sit on the Board for the purposes of acting on a special permit application in the case of absence, inability to act, or conflict of interest on the part of any member of the Planning Board, or in the event of a vacancy on the Board.
9.6
Design Plan Review
[Added 5-4-2011 ATM, Art. 16]
9.6.1
Purpose. The purpose of the Design Review is to coordinate the aesthetic development of designated areas in Town through land, site, architectural, and sign review. This shall occur through an open process that involves the community and as guided by relevant documents, the Design Guidelines, as well as commonly accepted design standards.
9.6.2
Form. Design Review is conducted by a Committee made up of 5 members and up to two alternates appointed by the Planning Board. Where possible, permanent members shall have experience in the fields of architecture, landscape architecture, or engineering and one person owning a business in the town. Members shall be appointed for an initial term of one, two, or three years, at the conclusion of which they may be reappointed by the Planning Board for a term of three years. Terms shall be staggered. The Design Review Committee (DRC) meets twice a month or as needed to hear applications.
9.6.3
Applicability and Authority. The DRC shall review applications for Site Plan Review submitted under Section 9.4 of the Ashland Zoning Bylaw, provided the property exists in the following areas of town:
1.
Downtown and Pleasant Street: The geographic center of Ashland, including the Ashland Downtown District zoning districts.
2.
Route 135 Corridor: Properties with frontage on Route 135 and in the Highway Commerce, Industrial, Neighborhood Commerce, or Wildwood Mixed Use Zoning districts.
3.
Route 126 Corridor: Properties with frontage on Route 126 and in the Highway Commerce, Village Commerce, or Multifamily zoning districts.
4.
Properties with projects requiring design review per section 9.4.1.7 of Chapter 282 (Zoning) of the Town of Ashland Code.
[Amended 6-12-2021 ATM, Art. 8]
Design Review shall evaluate requests for Site Plan Review on the design criteria in this bylaw and any Design Guidelines promulgated by the DRC. The DRC shall submit its written findings to the Planning Board and to the applicant along with any recommendations and suggested conditions. Such findings shall contain any recommendations and explanations and shall be submitted to the Planning Board to be included in its Site Plan Review process. |
9.6.4
Fees. Reasonable administrative and technical review fees may be assessed for Design Review as determined by the Planning Board.
9.6.5
Required Design Plan Contents. Each application for design plan review shall include one full-size and seven reduced copies of the following:
9.6.6
Application Process
1.
The design review application shall be submitted with the site plan submission. The design review process shall commence on the date a complete site plan application is filed with the Department of Community Development and Health.
2.
The project shall be reviewed at a public meeting of the DRC. Abutters within 300 feet of the locus property shall be notified by regular mail sent out no later than one week before the meeting.
3.
At the completion of its review, the DRC shall submit its written findings to the Planning Board for consideration during Site Plan Review.
4.
The Design Review shall be completed and written findings shall be provided to the Planning Board prior to completion of the Site Plan Review but in no event shall Design Review be completed more than 60 days from the application date. The Applicant may choose to extend the time allowed for Design Review so long as the Committee submits its findings to the Planning Board prior to the completion of Site Plan Review. If the Committee fails to submit its findings to the Planning Board within 60 days, the Committee shall be deemed to have waived its authority to submit such findings.
9.6.7
Design Criteria. The DRC shall review applications for Site Plan Review based upon the following criteria:
1.
Landscape. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal and any grade changes shall be in keeping with the general appearance of nearby developed areas.
2.
Building Orientation. Buildings shall be related harmoniously to the terrain and to the use, scale and architecture of existing buildings in the surrounding area that have functional or visual relationship to the proposed buildings. Proposed buildings shall be related to their surroundings with respect to:
3.
Open Space. All open space, landscaped and usable, shall be designed to add to the visual amenities of the area for persons passing the site or overlooking it from nearby properties.
4.
Heritage. Removal or disruption of historic, traditional or significant uses, structures or architectural elements shall be minimized insofar as practicable.
5.
Pedestrian Access. The town recognizes that pedestrian and bicycle facilities are needed, as set forth in the Open Space and Recreation Plan which identifies several proposed actions to improve non-vehicular mobility and access.
6.
Design Plan Review Guidelines. The Committee shall adopt Guidelines as approved by the Planning Board for the administration of Design Review.
9.6.8
Enforcement. Any recommendations by the DRC that the Planning Board adopt and incorporate into its Decision on Site Plan Review shall have the same legal enforcement authority as site plan approval.
9.7
Rate of Development Bylaw
[Added 11-28-2016 STM, Art. 13]
9.7.1
Purpose: The Town of Ashland has experienced substantial and rapid growth in residential housing since the year 2000. Such growth arises from the development of both conventional residential subdivisions as well as multi-family development. Such rapid growth has placed considerable strain on municipal resources, ranging from sewer and water service, emergency services, roadway repairs, storm water management and educational services. Given the limitations on allowable tax levy under G.L. c. 59, the Town is disabled from funding adequate services to support its growing housing stock. Failing to provide adequate services poses adverse impacts to the health, safety and welfare of residents, including the inability: (1) to provide safe and adequate roadways and other infrastructure; (2) to ensure that schools are not over-crowded; and (3) to maintain adequate staffing and equipment for the Ashland police and fire departments. To allow the Town to implement adequate policies, regulations and bylaws; and to invest in necessary infrastructure, which will enable the Town to ensure that adequate municipal services may be provided to all residents, the provisions of this bylaw employ temporary restrictions on the issuance of building permits for residential developments.
9.7.2
Applicability: This bylaw shall apply to any development approved after the effective date of this bylaw of: (1) a residential subdivision of four or more lots; (2) four or more lots for residential development as shown on a plan endorsed "Approval Not Required" by the Planning Board; or (2) a multi-unit or duplex apartment or condominium project containing residential units in two or more buildings. Each such type of development shall be hereinafter referred to as a "Project".
9.7.3
Building Permit Limitation: Each such Project to which this Bylaw applies may receive only 25% of its the proposed building permits for the proposed buildings or lots approved in said Project in a given year. For example, for an eight-lot subdivision, only two building permits for single or two family buildings may be issued per year; and for a condominium or apartment complex containing eight buildings to be used for residential units, only two buildings per year may receive building permits. Each fraction of a unit or building shall be rounded down with a minimum of one.
9.7.4
Exceptions: By Special Permit issued by the Planning Board, exceptions may be made to the foregoing limitation. Said Special Permit shall be determined in accordance with the provisions of Section 9.3.
9.7.4.1
This section 9.7 shall not apply to any Project in the CD district.
9.7.5
Term: The terms of this Bylaw shall expire four years following its effective date.