Statement of purpose. The purpose of this section is to provide for an orderly and comprehensive review process for development projects; to promote safe vehicular and pedestrian traffic movements within the site and in relation to the site; to protect the capacity of state and local roads to conduct traffic smoothly and efficiently; to promote attractive and viable commercial, business and industrial districts; to protect abutting and nearby property from disturbances from noise, dust, vibrations and light; to protect the natural environment; to protect historical resources; to maintain the value of abutting and nearby property in the project area; to identify and ensure compliance with all applicable local, state and federal regulations; and to generally provide for the health, safety and welfare of the citizens of Chicopee. To accomplish this, new construction projects have been categorized by building footprint size and impact and will be reviewed and approved by Building Department Checklist, Site Plan Review Advisory Committee, or Planning Board. The procedures for each category of review are listed below.

Building Department Checklist review.

Site Plan Review Advisory Committee review.

Planning Board review.

Other plan review.

Stormwater management. All projects must be in compliance Chicopee City Code Chapter 231.

Unsewered lots. Plan submissions for projects with no sewer available shall be subject to Health Department approval of on-site waste disposal plan prior to construction.

Traffic control. The Site Plan Review Advisory Committee reserves the authority to require traffic studies when the proposed project may impact traffic volume and circulation or require changes to adjacent roadways and/or intersections.

Review process. Site plans shall be submitted to the Planning Department and will be distributed by the Planning Department representative for review by the following departments: Building, Public Works, Planning, Conservation, Water, Wastewater Treatment, Health, Fire, Engineering, Electric Light and any other department deemed necessary by the Building Commissioner. Department heads or their designees shall make up the Site Plan Review Advisory Committee. The Planning Department representative shall meet with the various departments to review the site plan and solicit written comments. The site plan shall be fully reviewed within 60 days of the filing of the application. The Planning Department representative shall issue a written report to the applicant of the findings of the review. This review process does not excuse the applicant from compliance with any other applicable local, state or federal regulations. No building permits shall be issued for development projects until all applicable regulations have been met. The Building Department will require project sign-off from each Site Plan Review Committee member prior to the issuance of a building permit and prior to the issuance of a certificate of occupancy. The sign-off cards are available in the Building Department.

Approval/disapproval. Should the plan be approved, either in total or with revisions or conditions, it shall serve as the agreed document for purposes of issuing a building permit, inspections, and certificate of occupancy. In the event the site plan is not approved, the applicant may appeal to the Board of Appeals under the provisions hereinafter contained.

Performance guarantee. If the developer seeks a certificate of occupancy for a building prior to the completion of the approved site improvements, the City of Chicopee shall require the posting of a performance guarantee to cover the cost of the remaining work.

City Council review. The Planning Board shall submit current copies of its Subdivision and Site Plan Review Regulations to the Zoning Committee of the City Council every March for review.

Priority development.

Appointment of members. There shall be a Board of Appeals to hear appeals as provided for in the provisions of MGL c. 40A, § 12, and it shall consist of five regular and three associate members who shall be appointed by the Mayor, subject to confirmation by the City Council.

In the month of March of each year, the Mayor shall appoint two citizens, one as a regular member of said Board and the other as an associate member of said Board, the regular member to hold office for a term of five years and the associate member three years, from the first Monday of April next.

Any vacancy shall be filled for the unexpired term, and any member may be removed for cause by the Mayor.

Powers.

Hearings. The Board of Appeals shall hold a hearing on any appeal transmitted to it by the City Clerk or an officer acting on his behalf within 65 days from transmittal to the Board of Appeals. Applications for a variance shall be made to the Board of Appeals, and a public hearing shall be held as provided for in § 275-9. Notification for all public hearings shall be in accordance with § 275-10. The Chairman or, in his absence, the Acting Chairman may administer oaths, summon witnesses and call for the production of papers. All hearings of the Board of Appeals shall be open to the public. At the hearings, any party may appear in person or by agent or attorney. The decision of the Board shall be made within 75 days from the date of filing of the appeal, application or petition. Failure by the Board to act within these limits shall be deemed to be the grant of relief, application or petition. The Board of Appeals shall follow all procedures in § 275-12.

Special permits shall be authorized by the City Council for uses specifically within the Zoning Ordinance. Special permits shall be issued only for uses that are in harmony with the general purpose and intent of this chapter and shall be subject to general and specific terms set forth therein, and such permits shall also impose conditions, safeguards and limitations on time or use.

A special permit may be revoked or altered by the official granting authority or a fine of $200 or both be levied if it is determined after a public hearing that there has been an abuse and/or misuse of the special permit.

Application. Each application for a special permit shall be filed with the City Clerk. The special permit granting authority shall receive a copy of the application, including the date and time of filing certified by the City Clerk. Applications shall include the following:

Twenty days prior to the public hearing, copies of the application for a special permit shall be submitted by the permit granting authority to and reviewed by the Board of Health, Department of Planning and Development, City Engineer, Building Commissioner, Fire Department, Conservation Administrator and any other board or department designated by the special permit granting authority. Recommendations from departments or boards shall be sent to the special permit granting authority; provided, however, that the failure of any such board or agency to make recommendations within the twenty-day period shall be deemed lack of opposition thereto.

Hearings. Special permits shall only be issued following a public hearing to be held in accordance with § 275-10, held within 65 days after filing of an application with the City Clerk. The special permit granting authority shall act within 90 days following the public hearing for which notice has been given by publication or posting. The required time limits for a public hearing and said action may be extended by written agreement between the petitioner and the special permit granting authority. A copy of such agreement shall be filed in the office of the City Clerk. Failure by the special permit granting authority to take final action upon an application for a special permit within 90 days following the date of the public hearing shall be deemed to be a grant of the special permit. The petitioner who seeks such approval by reason of the failure of the special permit granting authority to act within such time prescribed, shall notify the City Clerk, in writing within 14 days from the expiration of said 90 days or extended time, if applicable, of such approval and that notice has been sent by the petitioner to parties in interest. The petitioner shall send such notice to parties in interest by mail and each such notice shall specify that appeals, if any, shall be made pursuant to MGL c. 40A, § 17, and shall be filed within 20 days after the date the City Clerk received such written notice from the petitioner that the special permit granting authority failed to act within the time prescribed. After the expiration of 20 days without notice of appeal pursuant to MGL c. 40A, § 17, or, if appeal has been taken, after receipt of certified records of the court in which such appeal is adjudicated, indicating that such approval has been final, the City Clerk shall issue a certificate stating the date of approval, the fact that the special permit granting authority failed to take final action and that the approval resulting from such failure has become final, and such certificate shall be forwarded to the petitioner. The special permit granting authority shall cause to be made a detailed record of its proceedings, indicating the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and setting forth clearly the reason for its decision and of its official actions, copies of all of which shall be filed within 14 days in the office of the City Clerk and shall be deemed a public record, and notice of the decision shall be mailed forthwith to the petitioner, applicant or appellant, to the parties in interest designated in MGL c. 40A § 11, and to every person present at the hearing who requested that notice be sent to him and stated the address to which such notice was to be sent. Each such notice shall specify that appeals, if any, shall be made pursuant to MGL c. 40A § 17 and shall be filed within 20 days after the date of filing of such notice in the office of the City Clerk.

Special permits issued shall require a two-thirds vote by the City Council. The special permit granted under this section shall lapse in a period of one year, including such time required to pursue or wait termination of any appeal from the grant, if a substantial use has not sooner commenced, except for good cause or, in the case of a permit for construction, if construction has not begun by such date, except for good cause. Following such lapse, the rights for the special permit may be reestablished only after a notice and a new hearing, as specified in § 275-10, have been undertaken. Notwithstanding anything to the contrary, a special permit granted under § 275-67 (Mill Conversion and Commercial Center Overlay District) shall lapse in a period of one to three years, as determined by the City Council, including such time required to pursue or wait termination of any appeal from the grant, if a substantial use has not sooner commenced, except for good cause or, in the case of a permit for construction, if construction has not begun by such date, except for good cause. Following such lapse, the rights for the special permit may be reestablished only after a notice and a new hearing, as specified in § 275-10, have been undertaken.

Where a permit or license is required from the City Council in addition to the special permit, the City Council may hold a single public hearing for the issuance of both.

No special permit shall take effect until a copy of the decision bearing the certification of the City Clerk that, if such an appeal has been filed, it has been dismissed or denied is recorded in the Registry of Deeds in the grantor index under the name of the owner of record or is recorded and noted in the owner's certificate of title. Notice of the decision shall be sent to the Building Commissioner, Department of Planning and Development, City Engineer, Board of Health, Conservation Administrator, and Fire Department.

Fees for recording and registering shall be paid by the owner or applicant. No building permits shall be issued without proof that the special permit has been filed with the Hampden County Registry of Deeds.

Time limitation. There shall be no limitations imposed on special permits, however special permits will be monitored for performance and may be subject to revocation, suspension, alteration or fines in accordance with § 275-13.

Permit holder and transferability.

Renewal, transfers, modifications and extensions.

The special permit granting authority shall consider the following in its evaluation of the special permit application:

The special permit granting authority shall adopt rules and regulations for the submission of special permit applications in addition to the rules set down in this section. Such rules shall be filed with the City Clerk.

Notice of a public hearing is required for all appeals, applications for variances and special permits and for amendments to the Zoning Ordinance or Map. Notice shall be given by publication in a newspaper of general circulation in the City of Chicopee once in each of two successive weeks, the first publication to be not less than 14 days before the day of the hearing, and by posting such notice in a conspicuous place for a period of not less than 14 days before the day of such hearing. Notice shall be sent to the petitioner, abutters, owners of land directly opposite on any public or private street or way and owners of land within 300 feet of the property line, as they appear on the most recent applicable tax list, notwithstanding that the land of any such owner is located in another City or town. Notice shall also be sent to the Chicopee Planning Board and, for zoning amendments, to the Planning Boards of every abutting City or town, which may forward recommendations with respect to said matter for the consideration of the permit granting authority.

The Assessors maintaining the tax list shall certify to the permit granting authority the names and addresses of parties in interest. The permit granting authority or special permit granting authority may accept a waiver of notice from or an affidavit of actual notice to any party in interest or, in his stead, any successor owner of record who may not have received a notice by mail and may order special notice to any such person, giving not less than five nor more than 10 additional days to reply.

Publications and notices required shall contain the name of the petitioner, a description of the area of premises, the street address, if any, or other adequate identification of the location of the area or premises which is the subject of the petition, the date and place of the public hearing, the subject matter of the hearing and the nature of the action or relief requested, if any. No such hearing shall be held on any Sunday or legal holiday or on the day on which a federal, state or municipal election, caucus or primary is held in the City of Chicopee.

Upon the granting of a variance or special permit or any extension, or modification thereof, the special permit granting authority shall issue to the owner or to the applicant, if other than the owner, a certified copy of its decision, containing the name and the address of the owner, identifying the land affected, setting forth compliance with the statutory requirements for the issuance of such variance or permit and certifying that copies of the decisions and all plans referred to in the decision have been filed with the granting authority and the City Clerk. No variance or special permit or any extension, or modification thereof shall take effect until a copy of the decision bearing the certification of the City Clerk that 20 days have elapsed and no appeals have been filed or that, if such appeal has been filed, it is dismissed or denied is recorded at the Registry of Deeds, indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title.

Fees for recording and registering shall be paid by the owner or applicant. No building permits shall be issued without proof that the special permit has been filed with the Registry of Deeds.

A special permit may be revoked or altered by the official granting authority or a fine of $200 or both be levied if it is determined after a public hearing that there has been an abuse and/or misuse of the special permit.

Copies of the notice of application for revocation, suspension or alteration of special permits shall be submitted to and reviewed by the Board of Health, Department of Planning and Development, Planning Board, City Engineer, Building Commissioner and any other board required by the permit granting authority at least 35 days prior to the public hearing. Recommendations from said Departments or Boards shall be sent to the permit granting authority; provided, however, that failure of any such board or agency to make recommendations within 35 days from receipt shall be deemed lack of opposition thereto.

The special permit granting authority shall act within 90 days following the public hearing. Failure by the special permit granting authority to take final action within 90 days of the public hearing shall be deemed to be a denial of said application for revocation, suspension or alteration of the special permit. Revocation or alteration of special permits shall require a two-thirds vote by the City Council. Notice of the decision shall be sent to the Building Commissioner, Department of Planning and Development, City Engineer and Board of Health.

A special permit which governs the use of an existing structure or site and is granted to the applicant may be revoked, suspended or altered after public hearing if it is determined that the holder of said permit is in default of any taxes or fees owned to the City of Chicopee. Said public hearing shall follow the procedure outlined in Subsections B and C of this section.

Adoption or amendment of the Zoning Ordinance may be initiated by the submission to the City Council of a proposed Zoning Ordinance or amendment by the City Council, Board of Appeals, an individual owning land affected by an amendment or adoption, 10 registered voters in the City, the Planning Board and the Lower Pioneer Valley Regional Planning Commission. The City Clerk shall forward the Zoning Ordinance amendment to the City Council, which shall, within 14 days of the receipt of such Zoning Ordinance amendment, submit it to the Planning Board for review and public hearings.

No Zoning Ordinance or amendment shall be adopted until after the Planning Board and the Zoning Committee of the City Council have held public hearings thereon, at which time interested persons shall be given an opportunity to be heard. These public hearings both shall be held within 65 days after the proposed Zoning Ordinance amendment has been submitted to the Planning Board. Notice of the time and place of such public hearings shall follow the regulations prescribed in this chapter (§ 275-10) and include the place of where text and maps may be inspected. Notice of said hearings shall be sent by mail, postage prepaid, to the Department of Community Affairs, to the Lower Pioneer Valley Regional Planning Commission, to the abutting communities and to other parties as prescribed in § 275-10.

The Planning Board shall submit to the City Council, within 21 days following the Planning Board hearing, a report with recommendations on the proposed zone change or Zoning Ordinance amendment. The Zoning Committee of the City Council shall submit its recommendations after receipt of such report or after 21 days have elapsed from the Planning Board hearing. If the City Council fails to hold a final vote on any proposed ordinance or amendment within 90 days after the Planning Board hearing, no action shall be taken thereon until subsequent public hearings are held with notice and report as above provided.

No Zoning Ordinance shall be adopted or changed except by a two-thirds vote of all members of the City Council. If there is filed with the Clerk prior to final action by the City Council a written protest against such change, stating the reasons for such protest, duly signed by owners of 20% or more of the area of land proposed to be included in such change or the area of the land immediately adjacent extending 300 feet therefrom, no such change of any ordinance shall be adopted except by three-fourths vote of all members.

No proposed Zoning Ordinance or amendment which has been unfavorably acted upon by the City Council shall be considered by the City Council within two years of the date of unfavorable action unless the adoption of such a proposed ordinance is recommended in the final report of the Planning Board. Notice requirement for all hearings shall be the same as those enumerated in § 275-10.

The City Zoning Map shall be kept on file in the Planning Department, where it may be viewed during normal business hours, and is also available for viewing on the City's website. The location and boundaries of the zoning districts are established as shown on the Zoning Map, together with all duly adopted amendments as maintained by the City Clerk's Office, which shall hereby be declared as part of this chapter.

All zoning districts shall be compiled by the City Planning Department, and a permanent record of all said districts shall be maintained and represented within the City of Chicopee Geographic Information Systems (GIS) Spatial Database. All revisions, changes, and updates to said zoning districts shall be the sole responsibility of the Planning Department. Where any such uncertainty exists as to the boundary of any zoning district, the Building Commissioner, upon written application, shall determine the boundary location, giving due consideration to the apparent indicated location, official records from the City Clerk, and the expressed purposes of the Zoning Ordinance.

The effective date of this Zoning Ordinance or any amendment shall be the date on which such adoption or amendment was voted upon by the City Council, subject to it being signed by the Mayor.

Severability. If any section, paragraph, subdivision, clause, phrase or provision of this chapter shall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this chapter as a whole or part thereof other than the part so decided to be invalid.

No claim of invalidity of any zoning ordinance or bylaw arising out of any possible defect in the procedure of adoption or amendment shall be made in any legal proceeding, and no state, regional, county or municipal office will refuse, deny or revoke any permit, approval or certification because of any such claims of invalidity unless, within 120 days after adoption of an ordinance, legal action is commenced and notice specifying the court, parties, invalidity claimed and date of filing is filed, together with the copy of the petition, with the City Clerk within seven days after the commencement of the actions.

A letter from the Planning Board or Zoning Board of Appeals Chairman to the City Council identifying the amount and reasons for the filing fee change.

A copy of the Planning Board or Zoning Board of Appeals legal notice and meeting minutes indicating the fee change has been advertised, discussed, and voted favorably upon by a majority of the Board.