Charlton City Zoning Code
SECTION 7
Administration
§ 200-7.1 Administration.
A.
Appointment. A Zoning Enforcement Officer shall be appointed by the Board of Selectmen for an indefinite term. The Board of Selectmen may appoint any existing Town officer or any other person to this position, and shall not leave the position of Zoning Enforcement Officer vacant. Compensation shall be determined by the Board of Selectmen. The Zoning Enforcement Officer shall review all zoning matters, and if he/she finds any activity in relation to land or buildings or structures in violation of this bylaw, he/she shall send written notification of the violation to the owner and order that the activity in question be stopped immediately, giving reasons for the order. The Zoning Enforcement Officer may request an assistant from the Town if in his/her judgment an assistant is necessary.
B.
Enforcement. The Zoning Enforcement Officer shall be charged with the enforcement of this Zoning Bylaw and shall require of the Inspector of Buildings the withholding of a permit for the construction, alteration or moving of any building, sign or structure if the building, sign or structure as constructed, altered or moved would be in violation of this bylaw.
C.
Certificate of compliance. No land shall be occupied or used, and no building, sign or other structure erected or structurally altered shall be occupied or used after the effective date of this bylaw, unless a certificate of compliance has been issued by the Zoning Enforcement Officer stating that the building, sign or other structure and the proposed use of the land, building, sign or other structure complies with the provisions of this bylaw, excepting that uses, buildings and structures in existence before the effective date of this bylaw do not require a certificate of compliance. Such existing uses, buildings and structures do require a certificate of compliance for any alterations or use changes made after the effective date of this bylaw.
D.
Site plan review and approval.
(1)
Purposes and thresholds. For the purpose of ensuring adequate stormwater management, wastewater disposal, screening, parking and loading spaces, utilities, water supply and pressure, landscaping, protection of significant natural and man-made features, lighting, and erosion and sedimentation control, compatible site design, safe pedestrian and vehicular access, protection of the natural environment, and compliance with the provisions of this bylaw, a site plan shall be submitted for review and approval to the Planning Board, for the following uses:
(a)
New construction of all uses identified with the symbol "P" ("P" Use) on the Use Regulation Schedule of § 200-3.2B of this bylaw.
(b)
Expansion of any "P" Use existing to increase floor space by at least twenty-five percent (25%) or five thousand (5,000) square feet, whichever is less;
(c)
Any change in a P Use if:
[1]
The change is from one (1) major category of use listed in the Use Regulation Schedule to another major category of use (for example, a change from any use listed under Business Uses to a use listed under Industrial and Warehouse Uses), or
[2]
Such change would result in a more intensive use, as measured by the need for more than five (5) additional parking spaces (as required by § 200-4.2B of this bylaw) or an increase in traffic generation (as measured by the Institute of Transportation Engineers Trip Generation Manual or another source standard in the industry).
(d)
Resumption, subject to the other requirements and proscriptions of this bylaw, of any "P" Use described above discontinued for more than two (2) years.
(e)
All uses in those districts where site plan approval is required.
(2)
General requirements.
(a)
All site plans required under this bylaw shall be prepared by a registered professional architect, registered professional landscape architect, or registered professional engineer, unless the Planning Board waives this requirement because of unusually simple circumstances and specifically exempted herein. Ten (10) copies of site plans and other plans required by Subsection D(3) below shall be submitted to the Planning Board or its designee.
Applicant shall submit a narrative with the plan if necessary for a layperson to understand the plan or any detail thereof. Each page of the submitted plans shall have a Planning Board signature block at approximately the same location. At the written request of the applicant, the Planning Board may waive any information requirements it judges to be unnecessary to the review of a particular plan. |
(3)
Submission requirements.
(a)
A site plan at a scale of one (1) inch equals forty (40) feet (1" = 40') or such other scale as the Planning Board may accept so long as the plan shows all details clearly and accurately. For convenience and clarity, this information may be shown on one (1) or more separate drawings. The site plan shall show the following information and in all cases distinguish clearly between existing and proposed features:
[1]
Name, address, and phone number of the person or persons submitting the application. If other than the owner, a notarized statement authorizing the applicant to act on the owner's behalf and disclosing his/her interest shall be submitted.
[2]
Name, address, and phone number of the owner or owners.
[3]
Property address and Charlton Assessors' Map, Block, and Lot Number.
[4]
Name of project, date and scale of plan.
[5]
Dimensions of lot, building coverage percentage (see § 200-3.2D) and unoccupied space percentage [see § 200-4.2D(6)].
[6]
Description (including location) of existing land use(s) and building(s), if any.
[7]
Description (including location and dimensions) of proposed use(s) and buildings.
[8]
Location of required setback lines.
[9]
Location and dimensions of all driveways.
[10]
Location and dimensions of all driveway openings. Road construction and drainage details, curb cuts, and all required state and local highway access authorizations.
[11]
Location, dimensions, and detail of surfacing materials of parking and loading space(s). The plan should also indicate the total number of parking spaces provided and the total required number of parking spaces (See § 200-4.2B, Off-Street Parking Schedule.).
[12]
Service area(s), exterior storage areas, fences, and screening.
[13]
Lighting [see § 200-4.2D(7) for commercial lighting plans]. For projects located in BEP Districts, sufficient detail should be provided to demonstrate compliance with § 200-5.8C.
[14]
The location, dimensions, height, illumination and characteristics of proposed signs, in sufficient detail to demonstrate compliance with § 200-5.6, Signs.
[15]
The location and description of all existing and proposed sewage disposal systems, stormwater management systems and other required waste disposal systems. All related easements shall be shown.
[16]
Existing and proposed well or public water supply system.
[17]
Location and description of all other existing and proposed utilities, their exterior appurtenances, and related easements.
[18]
Zoning district(s) in which the property is located and location of any zoning district boundaries that divide or abut the property.
[19]
Ownership of the abutting land as indicated on the most recent Town Assessors' records and location of buildings thereon within three hundred feet (300) feet of the project boundaries.
[20]
Existing topography and proposed finished grading at two-foot elevation intervals and existing easements, if any.
[21]
Significant natural and man-made features such as stone walls, public or private burial grounds, and watercourses.
[22]
Erosion and sedimentation control plan, including during and after construction.
[23]
Location of wetlands as well as calculation of percentage of lot free of wetlands [to determine compliance with § 200-3.3B(5)].
[24]
Proposed emergency vehicle routing around building(s) and any and all emergency entrances and/or exits.
(b)
A landscaping plan at the same scale as the site plan that shows landscaping features, including the location and description of screening, fencing, and plantings, including the size and type of planting material. Landscaping plans for projects that include no more than twelve thousand (12,000) square feet of gross building area shall be prepared by a registered engineer or by a landscape designer. Landscaping plans for projects that include more than twelve thousand (12,000) square feet of gross building area shall be prepared by a licensed landscape architect.
(c)
A locus plan at a scale of one (1) inch equals one hundred (100) feet (1" = 100') or other such scale as may be approved by the Planning Board, showing the entire project site and its relation to surrounding properties, buildings and roadways, and zoning district boundaries within one thousand (1,000) feet of the project boundaries or such other distance as may be approved by the Planning Board.
(d)
Building elevation plans at a scale of one-quarter (1/4) inch equals one (1) foot (1/4" = 1') or one-half (1/2) inch equals one (1) foot (1/2" = 1') or other such scale as may be approved by the Planning Board, showing all elevations of all proposed buildings and structures and indicating type and color of materials to be used on all facades.
(e)
Payment of required administrative and peer review fees.
(f)
Copies of all easements, covenants and restrictions shown on plans and text to be provided.
(4)
Filing the application. The applicant shall submit the application for site plan approval to the Town Clerk and a date and time-stamped copy thereof to the Planning Board or its designee. The date of filing shall be the date after which the application was received by the Clerk and the Planning Board or its designee.
(5)
Pre-application meeting, notice and hearing. The Planning Board strongly encourages the applicant to present and discuss the general development concept for the proposed project at one (1) of its posted meetings prior to filing an application. The applicant may present as many or as few of the details listed in Subsection D(3) as desired.
(6)
Site plan review and approval procedures.
(a)
Within seven (7) business days after the filing of an application for site plan approval, the Planning Board may submit one (1) copy of the site plan each to the Board of Selectmen, the Board of Health, the Conservation Commission, the Inspector of Buildings, the Superintendent of Highways,[1] and the Sewer Commission and ask for their comments.
[1]
Editor’s Note: The title “Superintendent of Highways” was changed to “Superintendent of Public Works” 5-20-2019 ATM by Art. 12.
(b)
Within sixty-five (65) days of the filing of an application for site plan approval, the Planning Board shall provide notice and hold a public hearing noticed in accordance with the requirements set forth in MGL c. 40A §§ 11 and 15. A majority vote of the Planning Board is required for approval of a site plan.
(c)
Within ninety (90) days after the close of the public hearing, the Planning Board shall take its final action on the application (render its decision, file its decision with the Town Clerk and notify the applicant of its decision).
[Amended 5-20-2019 ATM by Art. 21]
(7)
Review and approval criteria.
(a)
The Planning Board shall approve a site plan for projects with "P" Uses if the applicant demonstrates to the Planning Board that the project is properly designed in the following site design categories:
[2]
The application is complete, including payment of administrative and peer review fees [see Subsection D(3)].
[3]
All drives, parking lots, loading areas, paths, sidewalks and streets are designed to provide for safe vehicular, pedestrian and bicycle travel.
[4]
There is safe and adequate access and egress to and from the site.
[5]
Access and site circulation enables prompt fire, police, ambulance and other emergency responses.
[6]
Adequate capture and discharge of stormwater and surface water runoff is achieved in accordance with the Department of Environmental Protection Massachusetts Stormwater Handbook, as amended.
[7]
Provision for adequate utilities has been made.
[8]
Adequate water supply is available in terms of quantity, quality, and water pressure for commercial and/or domestic needs and fire protection.
[9]
Minimize glare from headlights through plantings or other screening.
[10]
Lighting intrusion onto other properties and public ways is minimized, while at the same time providing adequate lighting for security and public safety.
[11]
Adequate disposal of wastewater is provided.
[12]
Changes to the natural landscape are minimized.
[13]
Adverse impacts of construction are minimized.
[14]
There is adequate landscaping and landscaping maintenance.
(8)
Lapse. An approved site plan shall lapse after a period of two (2) years (not including time required to pursue or await the determination of an appeal from site plan approval) from the date of approval unless substantial use or construction has not begun. All work proposed in the site plan or required by conditions in the site plan approval decision, shall be completed within two (2) years from the date the Planning Board voted to approve the site plan unless the Planning Board provides in the site plan approval for a longer period of time or the applicant requests an extension and it is granted by the Planning Board.
(9)
Conditions. The Planning Board may impose conditions on site plan approval to ensure compliance with the review and approval criteria listed above, including, but not limited to, requiring:
(a)
A performance guarantee, in a form and amount acceptable to the Planning Board, to guarantee completion of all public improvements required by the approved site plan and land restoration not having to do with the construction of public improvements. The Planning Board shall establish the amount of security required after reviewing an estimate from the applicant's engineer and determining whether the proposed amount is sufficient or whether it needs to be increased.
(b)
That any project easements and restrictions are subject to review and approval by legal counsel to the Planning Board.
(c)
That condominium and homeowners documents are subject to review and approval by legal counsel to the Planning Board to ensure compliance with the review and approval criteria listed above.
(d)
Other conditions the Planning Board determines are necessary to ensure compliance with the review and approval criteria listed above.
(10)
Post-site plan approval.
(a)
Upon completion of construction, and before the release of the performance guarantee, the applicant shall have prepared and submitted to the Planning Board as-built plans. The Board shall receive six (6) paper copies of the as-built plans and the plans shall also be submitted in AutoCad (*.dwg) format or such other digitized file format as specified by the Planning Board.
(b)
An applicant shall submit proposed changes to an approved site plan to the Planning Board so that it can determine whether the changes are field adjustments or amendments to the approved site plan. The Planning Board shall convene a public hearing in accordance with MGL c. 40A, § 11, to consider and vote upon proposed amendments.
(c)
Appeals from a Planning Board decision to grant, grant with conditions or deny site plan approval shall be made to Superior Court in accordance with MGL c. 40A, § 17.
E.
Building permit. No building permit shall be issued for the construction, alteration or moving of a building or other structure which as constructed, altered or moved would not be in conformance with this bylaw.
F.
Occupancy permits. No building erected, materially altered, relocated or in any way changed as to construction or under a permit or otherwise, and no land, shall be occupied or used without an occupancy permit signed by the Inspector of Buildings. Said permit shall not be issued until the building, and its use and accessory uses, and the use of all land comply in all respects with the bylaw.
G.
Enforcement and penalty.
(1)
If the Zoning Enforcement Officer is requested in writing by any citizen to enforce the provisions of this bylaw against any person allegedly in violation of the bylaw and the Zoning Enforcement Officer declines to act, the Zoning Enforcement Officer shall notify, in writing, the party requesting such enforcement of any action, or refusal to act, and the reason therefor, within fourteen (14) days of receipt of such request.
(2)
Any person aggrieved by reason of his/her inability to obtain a permit or enforcement action from the Zoning Enforcement Officer or other administrative officer under the provisions of this bylaw; or any person, including an officer or board of the Town, aggrieved by an order or decision of the Zoning Enforcement Officer, or other administrative officer, in violation of the provisions of Chapters 40A and 808 of the Massachusetts General Laws or any provision of this bylaw, may file an appeal in accordance with the provisions of Chapters 40A and 808 of the Massachusetts General Laws.
(3)
Whoever violates any provision of this bylaw shall be punished by a fine imposed by a court of law not exceeding three hundred dollars ($300) for each offense and each day that such violation continues shall constitute a separate offense.
[Amended 5-20-2019 ATM by Art. 22]
H.
Industrial use special permits.
(1)
Requirements. No building, use or occupancy permits for any construction, alteration, relocation or improvement as to real property or the structures thereon shall be issued for any industrial use or project as listed in § 200-3.2B, Use Regulation Schedule, and which is designated "SP" (special permit) under IG and BEP Districts, except in accordance with the terms of a special permit for such projects as set forth herein. The special permit granting authority for all permits is necessary for the construction or use of a project in an Business Enterprise Park or Industrial - General District (designated "SP" in § 200-3.2B) shall be the Planning Board which, for such purposes, shall have all of the powers conferred upon such special permit granting authorities by MGL c. 40A, and which shall conduct its business in accordance with the notice, hearing and decisional requirements therein set forth, and in accordance with the requirements of this bylaw.
(2)
Industrial use special permit procedure.
(a)
A pre-application meeting with the Planning Board and its Technical Advisory Committee for informal discussion and review of preliminary materials is strongly suggested prior to formal submission of an application for a special permit.
(b)
No application shall be deemed complete, nor shall any action be taken, until all required materials have been submitted. Plans and other application materials conforming to the Planning Board's adopted Procedures for Applications for Industrial Use Special Permits, as filed with the Town Clerk, shall be submitted to the Planning Board and Town Clerk as required by such Procedures. [See § 200-7.1D(1), (2) and (3) for site plan contents as required in special permit applications.]
(c)
The Planning Board shall, within fifteen (15) days of submission, distribute one (1) copy of the application materials each to the Conservation Commission, Board of Health, Sewer Commission, Building Inspector, Technical Advisory Committee, Highway Superintendent and Board of Selectmen for review and comment. The failure of any commission, board, committee, inspector, superintendent or department to make recommendations within thirty-five (35) days of receipt by such agency of the application materials shall be deemed lack of opposition thereto.
(d)
The Planning Board shall hold a public hearing and make its decision in accordance with applicable provisions of MGL c. 40A; the Board shall hold a public hearing within sixty-five (65) days of the filing of the application with the Town Clerk; the Board shall render a decision within ninety (90) days following the date of the public hearing and shall file a copy of its decision with the Town Clerk within fourteen (14) days thereafter; the granting of a special permit shall require a four-fifths (4/5) vote of the Planning Board. The cost of advertising the hearing and notification of abutters shall be borne solely by the applicant. The time limits hereunder may be extended by written agreement between the petitioner and the Planning Board, by majority of the Board, and any such agreement shall be filed with the Town Clerk.
(e)
A special permit granted by the Planning Board shall not be valid until recorded in the Registry of Deeds, and no work may commence until evidence of such recording has been received both by the Board and the Building Inspector. Such recording shall be the responsibility of the petitioner.
(3)
Technical Advisory Committee. For the purpose of providing technical advice to the Planning Board regarding the advisability of the granting of special permits for industrial uses, as described above in Subsection H(1), a Technical Advisory Committee may be appointed by the Planning Board. Said Committee shall consist of three (3) members, at least two (2) of whom, preferably, shall have expertise in industrial economics or industrial technologies. Each of the persons appointed shall be a resident of the Town of Charlton for the duration of his/her service on the Committee. Initially, one (1) member of the Technical Advisory Committee shall be appointed to a one-year term, one (1) member to a two-year term and one (1) member to a three-year term. Two (2) members shall constitute a quorum for meetings, and all actions of the Committee shall require an affirmative vote of two (2) or more members.
(4)
Review criteria. A special permit shall be granted by the Planning Board acting as the special permit granting authority only if the Planning Board finds that the proposed project is in harmony with the intents and purposes of the applicable industrial zoning district; that it is sufficiently advantageous to the Town and the immediate area in which it is located; and that present and future impacts on Charlton's infrastructure, and built and natural environments will be minimized. The Board shall deny a special permit where in its judgment a nuisance, hazard or congestion will be created, or where for other reasons there will be substantial harm to the neighborhood or derogation from the general purposes and the intent of the bylaw, or that the stated district objectives or applicable use criteria will not be satisfied. In granting a special permit, the Planning Board may impose such conditions and safeguards as public safety, welfare and convenience may require.
§ 200-7.2 Granting authority.
The special permit granting authority for the Town of Charlton shall be allocated as follows:
A.
The Planning Board shall have site plan review and approval authority and shall be the special permit granting authority for special permits issued pursuant to §§ 200-5.6, 200-5.7, 200-5.9 and 200-5.10 of this bylaw. The Planning Board shall also be the special permit granting authority for all uses identified with the symbol "SP" in the Use Regulation Schedule, § 200-3.2B.
B.
The Zoning Board of Appeals. The Zoning Board of Appeals shall have the authority to issue special permits for development in floodplain zones as specified in § 200-6.4 of this bylaw. The Zoning Board of Appeals also shall have the authority to issue special permits for altering the number of mobile homes in an existing mobile home park, as specified in § 200-5.2B(3) of this bylaw.
C.
The Board of Selectmen. The Board of Selectmen shall have the authority for appointing a Zoning Enforcement Officer and the Zoning Board of Appeals, and to grant special permits for unregistered motor vehicles as specified in § 200-5.3 of this bylaw.
D.
Appeals. Any person aggrieved by a decision of the Zoning Board of Appeals or the Board of Selectmen in exercising their powers to grant or deny special permits may appeal such decisions in accordance with the provisions of Chapter 40A of the Massachusetts General Laws.
E.
Conditions for granting. Special permits may be granted if an applicant can show a condition peculiar to the particular case but not generally true for similar permitted uses on other sites in the same zoning district. The Board of Selectmen and Zoning Board of Appeals shall deny a special permit where in its judgment a nuisance, hazard, or congestion will be created, or for other reasons there will be substantial harm to the neighborhood or derogation from the general purposes and the intent of the bylaw, or that the stated district objectives or applicable use criteria will not be satisfied.
F.
Review and reports. Upon the receipt of any application for a special permit and the payment of an application fee established from time to time by the Zoning Board of Appeals, for any special permit not involving unregistered motor vehicles, and the required plans and documents, the Zoning Board of Appeals shall file one (1) copy with the Town Clerk and one (1) copy with the Planning Board for review and recommendation. The Planning Board shall submit reports to the Zoning Board of Appeals or the Board of Selectmen within thirty-five (35) days of the receipt of the application and supporting documents. Failure to report within this time period shall be deemed to be lack of opposition thereto.
G.
Public hearing. Any special permit shall only be issued after a public hearing which must be held within sixty-five (65) days after the effective date of filing of a special permit application. Effective date is the date the application is filed with the Town Clerk by either the Board of Selectmen or the Zoning Board of Appeals. For any public hearing held under this bylaw, all abutters must be notified by mail of the hearing date and time, and notice of the hearing must be published twice at least eight (8) and fifteen (15) days before the hearing in a newspaper of general circulation.
H.
Period of validity. If fifty percent (50%) of a project has not been completed without good cause, within one (1) year from the date granted, the special permit shall lapse. Included within the one-year period is the time required to pursue or await the determination of an appeal. Extensions to the special permit may be granted by the special permit granting authority for good cause.
I.
Permits granted before zoning changes. If a special permit or a building permit is issued before the publication of the first notice of a public hearing of a proposed zoning amendment, but is not then utilized by commencing construction within a six-month period and then proceeding as expeditiously as is reasonable, the building or special permit will lapse and a new permit will be required to conform to the amended bylaw.
§ 200-7.3 Zoning Board of Appeals.
A.
The Zoning Board of Appeals constituted under Article 27 of the Warrant for Annual Town Meeting of May 8, 1969 shall be the Zoning Board of Appeals under this bylaw: and said Board shall be appointed by the Board of Selectmen, and said appointment shall be made and shall operate in accordance with Chapters 40A and 808 of the Massachusetts General Laws and its amendments. Said Zoning Board of Appeals shall consist of five (5) registered voters of the Town. The Board of Selectmen shall also appoint two (2) registered voters of the Town for a term of three (3) years to serve as associate members to act in the absence of regular members and at the expiration of each three-year term shall again appoint two (2) associate members for three (3) years. All members and associate members of the Zoning Board of Appeals shall serve without compensation.
B.
Powers of the Zoning Board of Appeals shall be:
(1)
To hear and decide petitions for variances in accordance with Chapter 40A in all districts subject to appropriate conditions, including, but not limited to, calendar time period, extent of use, hours of operation, outdoor storage, lighting, parking, dimensional requirements or similar controls. No variance shall be granted which would authorize a use or activity not otherwise permitted in the district in which the land or structure is located.
(2)
(Reserved)
(3)
To hear and decide applications for expansion of nonconforming uses in accordance with the provisions of § 200-3.4C(5) of this bylaw.
C.
In exercising the powers granted by Subsection B above, the Zoning Board of Appeals shall act in accordance with the provisions of Chapters 40A and 808 of the Massachusetts General Laws.
D.
Any approval which has been granted by the Zoning Board of Appeals under the provisions of Subsection B(3) above shall lapse within two (2) years from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of a permit for construction, has not begun by such date except for good cause.
E.
Any person aggrieved by a decision of the Zoning Board of Appeals may appeal to the Superior Court, Land Court, and in accordance with MGL c. 40A, § 17.
F.
The Zoning Board of Appeals shall adopt rules consistent with Chapters 40A and 808 of the Massachusetts General Laws and provisions of this bylaw for the conduct of its business.
§ 200-7.4 Planning Board.
A.
Recommendations to the Board of Appeals. Any application filed with the Board of Appeals under § 200-7.3B hereof shall be referred upon its receipt by the Board of Appeals to the Planning Board for a report and recommendation relative thereto as provided by MGL c. 41, § 81I, and MGL c. 40A, § 11. The Planning Board shall make its report to the Board of Appeals by the date of the public hearing as to the application. Failure to make recommendations within thirty-five (35) days of receipt of a special permit application by the Planning Board shall be deemed lack of opposition thereto. For all other applications, the Planning Board shall receive a copy of application materials from the Board of Appeals at least twenty-one (21) days before the public hearing.
B.
Associate Planning Board member. In accordance with the Town of Charlton's General Operating Bylaws, Chapter 50, Article I, § 50-1B, and in accordance with MGL c. 40A, § 9, the Selectmen and the Planning Board shall appoint an Associate Planning Board Member. The term of the appointment is one (1) year; consecutive reappointments are allowed. The acting chairperson of the Planning Board may designate the Associate Member to sit on the Board for the purpose 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.