Every applicant for a land development project or development plan review under this chapter must submit a site plan for review. The town planner shall coordinate and manage the site plan review process, evaluate the environmental impact of proposed projects, and otherwise assist the planning board with respect to site plan review.

Site plan review and approval of subdivisions is governed by the town's subdivision regulations. The purpose of the site plan review process is to ensure that the planning board has before it sufficient information to determine whether a land development project or development plan review will promote the health, safety and general welfare of the community and will conform to the intent and requirements of this chapter.

(Ord. of 6-23-1994, art. IX, § 1; Ord. of 2-8-2024(14))

Before submitting a site plan, an applicant for development plan review, a use variance, a dimensional variance, a special use permit or a land development project may meet with the administrative officer and/or zoning enforcement officer to discuss the proposed project and to establish what documents and information the applicant must submit.

A preapplication conference is intended to allow the administrative officer and/or planning board and/or zoning board of review to:

(a)

Acquaint the applicant with the comprehensive plan and any specific plans that apply to the parcel, as well as the zoning and other ordinances that affect the proposed development;

(b)

Suggest improvements to the proposed design on the basis of a review of the sketch plan;

(c)

Advise the applicant to consult appropriate authorities on the character and placement of public utility services; and

(d)

Help the applicant to understand the steps to be taken to receive approval.

The required contents of the site plan will depend on the scope and complexity of the proposed project. The administrative officer will indicate the required contents on a development plan review or land development project application checklist.

If requested by the applicant or municipality, the zoning board of review or the planning board may conduct a preapplication conference at an open meeting.

(Ord. of 6-23-1994, art. IX, § 2; Ord. of 2-22-2024(24))

Editor's note— An ordinance adopted Feb. 22, 2024 amended the title of § 38-387 to read as herein set out. The former § 38-387 title pertained to presubmission conference.

A site plan shall be drawn to scale by a registered architect or engineer, and may require multiple drawings, including maps, plans, elevations, sections and narrative documents. Site plans shall include as much information as the planning board deems necessary to evaluate the proposed project. The project will not be scheduled for review, nor will it have vested rights pursuant to this article unless the planning board is satisfied as to the content of the site plan submission according to the appropriate checklist as determined by the administrative officer.

(Ord. of 6-23-1994, art. IX, § 3; Ord. of 2-22-2024(25))

(a)

A site plan for a multifamily unit shall be prepared by a registered architect or engineer, and shall show the following, together with appropriate dimensions:

(1)

Proposed name of the development, name of developer and owner;

(2)

Lot layout by legal descriptions;

(3)

Names and addresses of applicant and designer of the plan;

(4)

Scale of plan:

a.

Overall site plan: One inch = 100 feet; and

b.

Immediate development area: One inch = 20 feet;

(5)

Topographic map shall show existing ground contours over the area proposed for development as follows: minimum of five feet contour intervals and spot elevations at appropriate locations to substantiate design features;

(6)

Boundary line of development indicated by a solid line and the total acreage encompassed thereby; names of abutting property owners indicated;

(7)

Location, widths and names of all existing or prior platted roads, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, houses or permanent easements, and town boundary lines within 1,000 feet of the development;

(8)

Existing sewers, wells, water mains, drainage culverts and other underground facilities within the tract, indicating pipe sizes, grades, manholes and location;

(9)

Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of bays and angle of parking;

(10)

Location and dimensions of vehicular drives, entrances and exits, acceleration and deceleration lanes; location and dimensions of pedestrian entrances, exits, walks and walkways;

(11)

Storm drainage system and sanitary sewerage disposal systems, as approved;

(12)

Location, height and materials of walls, fences, and screen plantings;

(13)

Lighting (exterior);

(14)

Ground cover, finished grades, slopes, banks and ditches;

(15)

Location and general exterior dimensions of principal and accessory buildings and signs;

(16)

The stages, if any, to be followed in the construction of the development; and

(17)

The developer shall submit architectural floor plans and elevations of the principal buildings for review of their general designs and selection of exterior materials for the intended use and compatibility with the site and surrounding established uses.

(Ord. of 6-23-1994, art. IX, § 4)

A site plan for accessory dwelling units shall be submitted according to the standards required for a residential building permit. Review shall be conducted by the building official following the issuance of a zoning certificate by the zoning enforcement officer. OWTS systems shall be upgraded to meet the requirements for bedrooms if necessary based on a system suitability determination (SSD). An accessory dwelling unit may take various forms including, but not limited to: a detached unit; a unit that is part of an accessory structure, such as a detached garage; or a unit that is part of an expanded or remodeled primary dwelling.

Accessory dwelling units shall be permitted pursuant to section 38-282 and G.L. §§ 45-24-31 and 45-24-73(a).

(Ord. of 6-23-1994, art. IX, § 5; Ord. of 6-23-1994, art. IX, § 5; Ord. of 11-9-2023(12))

Editor's note— An ordinance adopted Nov. 9, 2023, amended the title of § 38-390 to read as herein set out. The former § 38-390 title pertained to site plan for accessory nonfamily units.

Shall be reviewed as a minor subdivision. See subsection 38-356(b) for review requirements and subsection 32-161(4) for site plan requirements.

(Ord. of 6-23-1994, art. IX, § 6; Ord. of 11-9-2023(13))

This section is reserved.

(Ord. of 6-23-1994, art. IX, § 7)

See section 38-389.

(Ord. of 6-23-1994, art. IX, § 8)

(a)

Purpose. The purpose of this section is to ensure the orderly development and integration of commercial, industrial and institutional projects into the community; provide for erosion control and stormwater management; prevent surface water and groundwater pollution; minimize traffic hazards; mitigate nuisances caused by noise, dust or lights; and protect and enhance the ecology and physical appearance of the community.

(b)

Review of plan required. Formal development plan review consists of two stages of review, preliminary and final. The administrative officer may combine the approval stages, providing requirements for both stages are met by the applicant to the satisfaction of the administrative officer. Preliminary plan applications shall be reviewed by the planning board and shall require a public hearing following notice requirements pursuant to G.L. § 45-23-42, subsection 32-50(b) and subsection 38-38(b). Final plan approval shall be delegated to the administrative officer. The administrative officer will report its actions in writing to the permitting authority at its next regular meeting, to be made part of the record. The planning board shall be permitted to request assistance in review of plan from the technical review committee.

Except for commercial expansion and/or construction which is reviewed under the provisions of subsection 32-161(3)(ii) and except for any change in use at the property where no extensive construction of improvements are sought which may be reviewed under the provisions of subsection 32-161(3)(ii) or which may be waived pursuant to G.L. § 45-23-50(b), and except for any enlargement in size or construction of any building or change in use at the property for a use categorized in section 38-191 as administrative development plan review pursuant to section 38-395, no zoning certificate or building permit shall be issued for any commercial building or other commercial construction in any zone of the town, or for any institutional use in a GB or HC2 zone, until a development plan review of the proposed construction has been conducted by the planning board.

In addition, review of plan is required for any construction or enlargement in size of any building which exceeds the provisions of subsection 32-161(3)(ii) and is not categorized in section 38-191 as administrative development plan review pursuant to section 38-395 or change in use at the property where no extensive construction of improvements are sought of any building including accessory structures and the application is not reviewed under the provisions of subsection 32-161(3)(ii) and is not waived pursuant to G.L. § 45-23-50(b) and is not categorized in section 38-191 as administrative development plan review pursuant to section 38-395.

Development plan review is not required for repairs or alterations to existing buildings or structures, provided that such work does not increase the floor area of any building or structure and does not change the actual use thereof. As part of the formal development plan review process, the design of proposed buildings may be reviewed to determine compatibility with the site and with the town's comprehensive plan.

(c)

Preapplication conference. Prior to submission of the formal plan, an applicant for a formal development plan review may make an appointment to meet with the town planner and/or the zoning enforcement officer to confirm the need for such review, and for informal discussion of the project and site review application requirements and procedure. If requested by the applicant or municipality, the planning board may conduct a preapplication conference at an open meeting.

(d)

Site plan requirements. All site plans shall be prepared by a registered architect or engineer. Six copies of the site plan, drawn at a scale no smaller than one inch equals 40 feet, shall be submitted electronically showing the following information unless waived by the planning board. The application fee shall be $100.00. The site plan requirements are the same for both the preliminary and final plan. Only one application fee is required:

(1)

Name of the proposed development and names and addresses of the developer and property owners, name of the registered architect or engineer designing the plan and associated stamp of registration.

(2)

Sheet size equals 24 inches by 36 inches (electronic).

(3)

Locus map at a scale of one inch equals 1,000 feet.

(4)

Date, north arrow, graphic scale, contours at two-foot intervals and where slopes are three percent or less at one-foot contour intervals.

(5)

Zoning boundaries shall be shown on the site plan as they affect the parcel. Adjacent zone districts within 400 feet also shall be indicated. Such features shall be shown on a separate map or as a keep map on the detail map itself, abutting property owners within 400 feet and lot and plat numbers should also be marked.

(6)

Location and general exterior dimensions of existing structures and signs.

(7)

Existing and proposed sewers, water mains, culverts and other underground appurtenances within and adjacent to the lot or tract, pipe sizes, grades, manholes and locations.

(8)

Distance on all sides between buildings and property lines as measured on the site. If such distances are within 50 feet of a required setback, that property line must be verified via class I boundary survey.

(9)

Building use including number of employees and/or number of units; e.g., beds, offices and/or employees.

(10)

Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of bays and angle of parking.

(11)

Location, arrangement and dimensions of off-street loading spaces.

(12)

Location and dimensions of vehicular drives; entrances and exits; acceleration and deceleration lanes; and location and dimension of pedestrian entrances, exits, walks and walkways.

(13)

Location, widths and names of all existing or prior platted roads, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, houses or permanent easements, and section and municipal boundary lines, within 400 feet of the development.

a.

Location of existing rock outcrops, general soil types, high points, vistas, watercourses, depressions, ponds, marshes, wetlands, wooded areas and stands of major trees (12-inch caliper or over), flood plain designations as shown on the flood insurance rate maps for the town, and other significant existing features including previous flood elevations of watercourses, pond and marsh areas as determined by survey.

b.

If any area falls within a flood zone other than zone X as delineated on the flood insurance rate maps, the area will be shown and base elevations (if known) shown.

(14)

Method of solid waste disposal and screening of refuse areas.

(15)

Location, type, intensity of illumination and height of all outdoor lighting fixtures, including sketches as appropriate to indicate the visual impact on the surrounding area and the general character of the community in order to eliminate sky glare and glare onto adjoining properties.

(16)

Location, design, and exterior dimensions of proposed principal and accessory buildings and signs.

(17)

Finished grades, slopes, banks and ditches.

(18)

Landscaping retained and created showing botanical name, location and approximate size of plantings and screen plantings.

(19)

Location, height and materials of walls and fences.

(20)

An architectural rendering of plans or building elevations indicating exterior building design.

(21)

Total floor area of structures and ground coverage of and impervious surfaces (parking areas, etc.) shall be identified and measured as a percentage of lot coverage.

(22)

The stages, if any, to be followed in the construction of the development, if it is to be developed in sections.

(23)

Accompanying information shall include:

a.

Soil erosion and stormwater runoff control plans in accordance with the erosion and sediment control regulations of chapter 26.

b.

A report by the State Department of Environmental Management as to the suitability of the soil and design of individual sewage disposal. The location of the ground water table in the vicinity of any proposed septic field.

c.

Location and extent of any wetlands and approval of state agencies for alteration of, or construction within, wetland areas, determination of special flood hazard requirements.

d.

Summary of existing and proposed easements, restrictions and covenants placed on the property.

e.

Applications requesting relief from the zoning ordinance.

1.

Applications under this chapter which require relief which qualifies only as a modification under section 38-321 shall proceed by filing an application under this section and a request for a modification to the zoning enforcement officer. If such modification is granted the application shall then proceed to be reviewed by the administrative officer pursuant to the applicable requirements of section 38-395. If the modification is denied or an objection is received as set forth in section 38-321, such application shall proceed under unified development plan review pursuant to section 38-325 and section 32-46.

2.

Applications under this section which require relief from the literal provisions of the zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning board under unified development plan review pursuant to section 38-325 and section 32-46, and a request for review shall accompany the preliminary plan application.

(f)

Certification. The application shall be certified, in writing, complete or incomplete by the administrative officer within 25 days or within 15 days if no street creation or extension is required, and/or unified development review is not required, according to the provisions of [G.L.] § 45-23-36(b). The running of the time period set forth in this section will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

(g)

Timeframes for decision.

(1)

Preliminary plan. Unless the application is reviewed under unified development review, the permitting authority will approve, deny, or approve with conditions, the preliminary plan within 65 days of certification of completeness, or within any further time that is agreed to by the applicant and the permitting authority.

(2)

Final plan. For formal development plan approval, the permitting authority shall delegate final plan review and approval to the administrative officer. The officer will report its actions in writing to the permitting authority at its next regular meeting, to be made part of the record. Final plan shall be approved or denied within 45 days after the certification of completeness, or within a further amount of time that may be consented to by the applicant, in writing.

(h)

Failure to act. Failure of the planning board to act within the period prescribed constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the application.

(i)

Vested rights. Approval of development plan review shall expire two years from the date of approval unless, within that period, a plat or plan, in conformity with approval, and as defined in this act, is submitted for signature and recording as specified in section 32-48. Validity may be extended for an additional period upon application to the planning board, upon a showing of good cause. Construction shall start within 12 months of the date of recording. Construction shall be completed within 60 months of the date of recording.

(j)

Modifications and changes to plans.

(1)

Minor changes, which shall be limited to changes made in correction of error on the preliminary plan or changes requested by the planning board at the stage of preliminary plan review may be approved administratively, by the administrative officer, whereupon final plan approval may be issued. The changes may be authorized without an additional planning board meeting, at the discretion of the administrative officer. All changes shall be made part of the permanent record of the project application. This provision does not prohibit the administrative officer from requesting recommendation from either the technical review committee or planning board. Denial of the proposed change(s) shall be referred to the planning board for review as a major change.

(2)

Major changes shall include any change exceeding a minor change or any change to the final plan not recommended by the planning board at the preliminary plan stage. Major changes apply to plans approved at any stage. Major changes may be approved only by the planning board and must follow the same review and hearing process required for approval of preliminary plans, which shall include a public hearing.

(3)

The administrative officer shall notify the applicant in writing within 14 days of submission of the final plan application if the administrative officer determines that there has been a major change to the approved plans.

(k)

Performance standards. The following criteria are to be used by the planning board in judging applications for site plan reviews and shall serve as minimum requirements for approval of the site plan. The site plan shall be approved, unless, in the judgment of the planning board, the applicant is not able to meet one or more of the following standards. In all instances, the burden of proof shall be on the applicant and such burden of proof shall include the production of evidence necessary to complete the application. These standards shall apply to both the preliminary and final plan.

(1)

Landscape. The landscape shall be preserved in its natural state insofar as practicable by minimizing tree removal, disturbance of the soil and retaining existing vegetation during and after construction. After construction is completed, landscaping shall be installed according to the landscaping design shown on the site plan that will define, soften or screen the appearance of the off-road parking areas from the public right-of-way and abutting properties and/or structures in order to enhance the design or buildings or site, and to minimize the encroachment of the proposed use on neighboring land uses.

(2)

Visual relationship of buildings. Proposed structures shall be related harmoniously to the terrain and to the existing buildings in the vicinity which have a visual relationship to the proposed buildings. Special attention shall be paid to the bulk, location and height of buildings and such natural features such as slope, soil type and drainageways.

(3)

Vehicular access. The proposed site layout shall provide for safe access and egress from public and private roads by providing adequate location, numbers and control of access points, including site distances, turning lanes and traffic signalization when required by existing and projected flow on the municipal road systems. Provisions shall be made providing and maintaining safe and convenient emergency vehicle access to all buildings and structures on the site at all times. The development shall not impose unreasonable burdens on the circulation system of the town. Town roads inadequate to handle the volume of traffic generated by the development shall be improved by the applicant to provide safe passage. The developer may be required to provide a traffic impact report prepared by a certified traffic engineer if there are unusual safety concerns such as inadequate sight distance or a history of traffic accidents in the area proposed for development.

(4)

Parking and circulation. The layout and design of all means of vehicular and pedestrian circulation, including walkways, interior drives and parking areas, shall provide for safe general interior circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas and arrangement and use of parking areas.

(5)

Stormwater runoff and erosion control. Adequate provisions shall be made for stormwater runoff so that removal of surface water shall not adversely affect neighboring properties, downstream water quality, soil erosion or the storm drainage system. Whenever possible, onsite absorption of runoff waters shall be utilized to minimize discharges from the site. Provisions will be made to control erosion during and after construction. Reference is made to the state Erosion and Sediment Control Handbook.

(6)

Existing utilities. The development shall not impose unreasonable burdens on sewers, sanitary and storm drains, water lines or other public utilities.

(7)

Advertising features. The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures shall be compatible with the design of the proposed buildings and structures and surrounding properties and conform with article VI of this chapter.

(8)

Special features of the development. Exposed storage areas, exposed machinery installation, service areas, truck loading areas, utilities, buildings and similar structures shall have sufficient setbacks and screening to provide an audiovisual buffer sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties.

(9)

Exterior lighting. All exterior lighting shall be designed to minimize impact on neighboring properties. All exterior lighting shall be directed downward, and incorporate full cutoff fixtures to reduce light pollution, utilizing fixtures meeting the criteria of the ISA International Dark Sky Association, and shielded from directing light on abutting properties.

(10)

Municipal services. The development will not have an unreasonable impact on the municipal road system, fire department, police department, solid waste program, schools, open spaces, recreational programs and facilities, and other municipal services and facilities.

(11)

Water pollution. In making this determination, it shall at least include the elevation of the land above sea level and its relation to the floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal and other DEM approved discharge; the slope of the land and its effect on effluents; the aquifer and aquifer recharge areas; the availability of streams for surface runoff; and the applicable federal, state and local laws, ordinances, codes and regulations.

(12)

Air pollution. The use of the site shall not reduce the ambient air quality. In making this determination, the applicant shall consult federal and state authorities to determine air quality laws and regulations.

(13)

Water supply. Sufficient water must be available for reasonably foreseeable needs of the development and not cause any unreasonable burden on the existing water supply if this supply is utilized.

(14)

Sewage disposal. Adequate sewage waste disposal must be provided.

(15)

Unique areas. There must not be any undue adverse affect on the scenic or natural beauty of the areas, aesthetics, historic sites, or rare and irreplaceable natural areas.

(16)

Capacity. The applicant has adequate financial and technical capacity to meet the above standards.

(17)

Waterbodies. Whenever the proposed development is situated, in whole or in part, within 300 feet of any pond, lake, river or other freshwater wetland, it will not adversely affect the quality of such body of water or unreasonably affect the shoreline of such body of water. There will be no disturbance of soil within 100 feet of the outer edge of a wetland.

(l)

General provisions. General provisions concerning site plans for formal development plan review are as follows:

(1)

The planning board may waive requirements for development plan approval where there is a change in use or occupancy and no extensive construction of improvements is sought. The waiver may be granted only by a decision by the planning board finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting, and other considerations of development plan approval, and that the existing facilities do not require upgraded or additional site improvements. The application for a waiver of development plan approval review shall include documentation, as required by the planning board, on prior use of the site, the proposed use, and its impact.

(2)

The planning board may grant waivers of any design standards applicable to a project or any of the requirements found in this section in the best interest of good planning practice and/or design as evidenced by consistency with the comprehensive plan and this chapter. The administrative officer is authorized to grant waivers of any design standards applicable to a project or any of the requirements found in this section in the best interest of good planning practice and/or design as evidenced by consistency with the comprehensive plan and this chapter.

(3)

The planning board may require the filing of a performance bond or the execution of a conditional agreement with the municipality by the applicant.

(4)

All construction performed under the authorization of a building permit issued for development within the scope of this chapter shall be in conformance with the approved site plan.

(5)

Site plan procedure. Each applicant for site plan approval shall file an electronic submission with the administrative officer and a $100.00 application fee.

(m)

Appeal. A decision under this section shall be considered an appealable decision pursuant to [G.L.] § 45-23-71.

(n)

Extension or enlargement. The planning board may not extend or enlarge a formal development plan approval except by granting a new formal development plan approval.

(o)

Special conditions. In granting a preliminary plan, or in making any determination upon which it is required to pass after public hearing under this chapter, the board may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, shall be incorporated into the decision, and may include, but are not limited to, provisions for:

(1)

Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

(2)

Controlling the sequence of development, including when it must be commenced and completed;

(3)

Controlling the duration of use or development and the time within which any temporary structure must be removed;

(4)

Ensuring satisfactory installation and maintenance of required public improvements;

(5)

Designating the exact location and nature of development; and

(6)

Establishing detailed records by submission of drawings, maps, plats or specifications.

(p)

Uses in HC2 district. Any use reviewed as a formal development plan which is located in the HC2 district shall be subject to all applicable subsections listed under section 38-358, including, but not limited to, subsection 38-358(5), environmental impact and design standards.

(q)

Commencement of construction/project. Construction/project shall start within 12 months of the date of recording. Construction shall be completed within 60 months of the date of recording.

(Ord. of 6-23-1994, art. IX, § 9; Ord. of 9-9-2010; Ord. of 2-8-2024(15))

Editor's note— An ordinance adopted Feb. 8, 2024 amended the title of § 38-394 to read as herein set out. The former § 38-394 title pertained to site plan for commercial and industrial development.

Cross reference— Businesses, ch. 12.

(a)

Purpose. The purpose of this section is to ensure the orderly development and integration of commercial, industrial and institutional projects into the community; provide for erosion control and stormwater management; prevent surface water and groundwater pollution; minimize traffic hazards; mitigate nuisances caused by noise, dust or lights; and protect and enhance the ecology and physical appearance of the community.

(b)

Review of plan required. Administrative development plan review consists of one stage of review. Administrative development plan review applications shall be reviewed by the administrative officer. The administrative officer shall be permitted to request assistance in review of plan from the technical review committee.

Except for commercial expansion and/or construction which is reviewed under the provisions of subsection 32-161(3)(ii) and except for any change in use at the property where no extensive construction of improvements are sought which may be reviewed under the provisions of subsection 32-161(3)(ii) or which may be waived pursuant to G.L. § 45-23-50(b), and except for any enlargement in size or construction of any building or change in use at the property for a use categorized in section 38-191 as formal development plan review pursuant to section 38-394, no zoning certificate or building permit shall be issued for any commercial building or other commercial construction in any zone of the town, or for any institutional use in a GB or HC2 zone, until a development plan review of the proposed construction has been conducted by the administrative officer.

In addition, review of plan is required for any construction or enlargement in size of any building which exceeds the provisions of subsection 32-161(3)(ii) and is not categorized in section 38-191 as formal development plan review pursuant to section 38-394 or change in use at the property where no extensive construction of improvements are sought of any building including accessory structures and the application is not reviewed under the provisions of subsection 32-161(3)(ii) and is not waived pursuant to G.L. § 45-23-50(b) and is not categorized in section 38-191 as formal development plan review pursuant to section 38-394.

Development plan review is not required for repairs or alterations to existing buildings or structures, provided that such work does not increase the floor area of any building or structure and does not change the actual use thereof. As part of the administrative development plan review process, the design of proposed buildings may be reviewed to determine compatibility with the site and with the town's comprehensive plan.

(c)

Preapplication conference. Prior to submission of the formal plan, an applicant for administrative development plan review may make an appointment to meet with the town planner and/or the zoning enforcement officer to confirm the need for such review, and for informal discussion of the project and site review application requirements and procedure. If requested by the applicant or municipality, the planning board may conduct a preapplication conference at an open meeting.

(d)

Site plan requirements. All site plans shall be prepared by a registered architect or engineer. One copy of the site plan, drawn at a scale no smaller than one inch equals 40 feet, shall be submitted electronically showing the following information unless waived by the administrative officer. The application fee shall be $100.00.

(1)

Name of the proposed development and names and addresses of the developer and property owners, name of the registered architect or engineer designing the plan and associated stamp of registration.

(2)

Sheet size equals 24 inches by 36 inches (electronic).

(3)

Locus map at a scale of one inch equals 1,000 feet.

(4)

Date, north arrow, graphic scale, contours at two-foot intervals and where slopes are three percent or less at one-foot contour intervals.

(5)

Zoning boundaries shall be shown on the site plan as they affect the parcel. Adjacent zone districts within 400 feet also shall be indicated. Such features shall be shown on a separate map or as a keep map on the detail map itself, abutting property owners within 400 feet and lot and plat numbers should also be marked.

(6)

Location and general exterior dimensions of existing structures and signs.

(7)

Existing and proposed sewers, water mains, culverts and other underground appurtenances within and adjacent to the lot or tract, pipe sizes, grades, manholes and locations.

(8)

Distance on all sides between buildings and property lines as measured on the site. If such distances are within 50 feet of a required setback, that property line must be verified via class I boundary survey.

(9)

Building use including number of employees and/or number of units; e.g., beds, offices and/or employees.

(10)

Location, arrangement and dimensions of automobile parking spaces, width of aisles, width of bays and angle of parking.

(11)

Location, arrangement and dimensions of off-street loading spaces.

(12)

Location and dimensions of vehicular drives; entrances and exits; acceleration and deceleration lanes; and location and dimension of pedestrian entrances, exits, walks and walkways.

(13)

Location, widths and names of all existing or prior platted roads, railroad and utility rights-of-way, parks and other public open spaces, permanent buildings and structures, houses or permanent easements, and section and municipal boundary lines, within 400 feet of the development.

a.

Location of existing rock outcrops, general soil types, high points, vistas, watercourses, depressions, ponds, marshes, wetlands, wooded areas and stands of major trees (12-inch caliper or over), flood plain designations as shown on the flood insurance rate maps for the town, and other significant existing features including previous flood elevations of watercourses, pond and marsh areas as determined by survey.

b.

If any area falls within a flood zone other than zone x as delineated on the flood insurance rate maps, the area will be shown and base elevations (if known) shown.

(14)

Method of solid waste disposal and screening of refuse areas.

(15)

Location, type, intensity of illumination and height of all outdoor lighting fixtures, including sketches as appropriate to indicate the visual impact on the surrounding area and the general character of the community in order to eliminate sky glare and glare onto adjoining properties.

(16)

Location, design, and exterior dimensions of proposed principal and accessory buildings and signs.

(17)

Finished grades, slopes, banks and ditches.

(18)

Landscaping retained and created showing botanical name, location and approximate size of plantings and screen plantings.

(19)

Location, height and materials of walls and fences.

(20)

An architectural rendering of plans or building elevations indicating exterior building design.

(21)

Total floor area of structures-and ground coverage of and impervious surfaces (parking areas, etc.) shall be identified and measured as a percentage of lot coverage.

(22)

The stages, if any, to be followed in the construction of the development, if it is to be developed in sections.

(23)

Accompanying information shall include:

a.

Soil erosion and stormwater runoff control plans in accordance with the erosion and sediment control regulations of chapter 26.

b.

A report by the state department of environmental management as to the suitability of the soil and design of individual sewage disposal. The location of the ground water table in the vicinity of any proposed septic field.

c.

Location and extent of any wetlands and approval of state agencies for alteration of, or construction within, wetland areas, determination of special flood hazard requirements. The location of the ground water table in the vicinity of any proposed septic field.

d.

Summary of existing and proposed easements, restrictions and covenants placed on the property.

(e)

Applications requesting relief from the zoning ordinance.

(1)

Applications under this chapter which require relief which qualifies only as a modification under section 38-321 shall proceed by filing an application under this section and a request for a modification to the zoning enforcement officer. If such modification is granted the application shall then proceed to be reviewed by the administrative officer pursuant to the applicable requirements of this section. If the modification is denied or an objection is received as set forth in section 38-321, such application shall proceed under unified development plan review pursuant to section 38-325 and section 32-46 and shall be elevated to formal development plan review.

(2)

Applications under this section which require relief from the literal provisions of the zoning ordinance in the form of a variance or special use permit, shall be reviewed by the planning board under unified development plan review pursuant to section 38-325 and section 32-46, and shall be considered formal development plan review applications, not to be reviewed under this section.

(f)

Certification. The application shall be certified, in writing, complete or incomplete by the administrative officer within 25 days or within 15 days if no street creation or extension is required, according to the provisions of [G.L.] § 45-23-36(b). The running of the time period set forth in this section will be deemed stopped upon the issuance of a written certificate of incompleteness of the application by the administrative officer and will recommence upon the resubmission of a corrected application by the applicant. However, in no event will the administrative officer be required to certify a corrected submission as complete or incomplete less than ten days after its resubmission. If the administrative officer certifies the application as incomplete, the officer shall set forth in writing with specificity the missing or incomplete items.

(g)

Review stages—Administrative development plan review. Administrative development plan review consists of one stage of review. The review shall be limited to the site plan requirements listed in subsection (d) of this section and the performance standards listed in subsection (k) of this section. The administrative officer shall only be authorized to grant waivers from these two subsections if the requirements listed in either of these subsections are deemed by the technical review committee to not be relevant to the application.

(h)

Timeframes for decision. An application shall be approved, denied, or approved with conditions within 25 days of the certificate of completeness or within any further time that is agreed to in writing by the applicant and administrative officer.

(i)

Failure to act. Failure of the administrative officer to act within the period prescribed constitutes approval of the preliminary plan and a certificate of the administrative officer as to the failure to act within the required time and the resulting approval shall be issued on request of the application.

(j)

Vested rights. Approval of development plan review shall expire two years from the date of approval unless, within that period, a plat or plan, in conformity with approval, and as defined in this act, is submitted for signature and recording as specified in section 32-48. Validity may be extended for an additional period upon application to the administrative officer, upon a showing of good cause. Construction shall start within 12 months of the date of recording. Construction shall be completed within 60 months of the date of recording.

(k)

Performance standards. The following criteria are to be used by the planning board in judging applications for site plan reviews and shall serve as minimum requirements for approval of the site plan. The site plan shall be approved, unless, in the judgment of the planning board, the applicant is not able to meet one or more of the following standards. In all instances, the burden of proof shall be on the applicant and such burden of proof shall include the production of evidence necessary to complete the application. These standards shall apply to both the preliminary and final plan.

(1)

Landscape. The landscape shall be preserved in its natural state insofar as practicable by minimizing tree removal, disturbance of the soil and retaining existing vegetation during and after construction. After construction is completed, landscaping shall be installed according to the landscaping design shown on the site plan that will define, soften or screen the appearance of the off-road parking areas from the public right-of-way and abutting properties and/or structures in order to enhance the design or buildings or site, and to minimize the encroachment of the proposed use on neighboring land uses.

(2)

Visual relationship of buildings. Proposed structures shall be related harmoniously to the terrain and to the existing buildings in the vicinity which have a visual relationship to the proposed buildings. Special attention shall be paid to the bulk, location and height of buildings and such natural features such as slope, soil type and drainageways.

(3)

Vehicular access. The proposed site layout shall provide for safe access and egress from public and private roads by providing adequate location, numbers and control of access points, including site distances, turning lanes and traffic signalization when required by existing and projected flow on the municipal road systems. Provisions shall be made providing and maintaining safe and convenient emergency vehicle access to all buildings and structures on the site at all times. The development shall not impose unreasonable burdens on the circulation system of the town. Town roads inadequate to handle the volume of traffic generated by the development shall be improved by the applicant to provide safe passage. The developer may be required to provide a traffic impact report prepared by a certified traffic engineer if there are unusual safety concerns such as inadequate sight distance or a history of traffic accidents in the area proposed for development.

(4)

Parking and circulation. The layout and design of all means of vehicular and pedestrian circulation, including walkways, interior drives and parking areas, shall provide for safe general interior circulation, separation of pedestrian and vehicular traffic, service traffic, loading areas and arrangement and use of parking areas.

(5)

Stormwater runoff and erosion control. Adequate provisions shall be made for stormwater runoff so that removal of surface water shall not adversely affect neighboring properties, downstream water quality, soil erosion or the storm drainage system. Whenever possible, onsite absorption of runoff waters shall be utilized to minimize discharges from the site. Provisions will be made to control erosion during and after construction. Reference is made to the state erosion and sediment control handbook.

(6)

Existing utilities. The development shall not impose unreasonable burdens on sewers, sanitary and storm drains, water lines or other public utilities.

(7)

Advertising features. The size, location, design, lighting and materials of all exterior signs and outdoor advertising structures shall be compatible with the design of the proposed buildings and structures and surrounding properties and conform with article VI of this chapter.

(8)

Special features of the development. Exposed storage areas, exposed machinery installation, service areas, truck loading areas, utilities, buildings and similar structures shall have sufficient setbacks and screening to provide an audiovisual buffer sufficient to minimize their adverse impact on other land uses within the development area and surrounding properties.

(9)

Exterior lighting. All exterior lighting shall be designed to minimize impact on neighboring properties. All exterior lighting shall be directed downward, and incorporate full cutoff fixtures to reduce light pollution, utilizing fixtures meeting the criteria of the ISA International Dark Sky Association, and shielded from directing light on abutting properties.

(10)

Municipal services. The development will not have an unreasonable impact on the municipal road system, fire department, police department, solid waste program, schools, open spaces, recreational programs and facilities, and other municipal services and facilities.

(11)

Water pollution. In making this determination, it shall at least include the elevation of the land above sea level and its relation to the floodplains, the nature of soils and subsoils and their ability to adequately support waste disposal and other DEM approved discharge; the slope of the land and its effect on effluents; the aquifer and aquifer recharge areas; the availability of streams for surface runoff; and the applicable federal, state and local laws, ordinances, codes and regulations.

(12)

Air pollution. The use of the site shall not reduce the ambient air quality. In making this determination, the applicant shall consult federal and state authorities to determine air quality laws and regulations.

(13)

Water supply. Sufficient water must be available for reasonably foreseeable needs of the development and not cause any unreasonable burden on the existing water supply if this supply is utilized.

(14)

Sewage disposal. Adequate sewage waste disposal must be provided.

(15)

Unique areas. There must not be any undue adverse affect on the scenic or natural beauty of the areas, aesthetics, historic sites, or rare and irreplaceable natural areas.

(16)

Capacity. The applicant has adequate financial and technical capacity to meet the above standards.

(17)

Waterbodies. Whenever the proposed development is situated, in whole or in part, within 300 feet of any pond, lake, river or other freshwater wetland, it will not adversely affect the quality of such body of water or unreasonably affect the shoreline of such body of water. There will be no disturbance of soil within 100 feet of the outer edge of a wetland.

(l)

General provisions. General provisions concerning site plans for administrative development plan review are as follows:

(1)

The administrative officer may waive requirements for development plan approval where there is a change in use or occupancy and no extensive construction of improvements is sought and where the waiver is approved by the technical review committee. The waiver may be granted only by a decision by the administrative officer finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting, and other considerations of development plan approval, and that the existing facilities do not require upgraded or additional site improvements. Such findings are required to be approved by the technical review committee. The application for a waiver of development plan approval review shall include documentation, as required by the administrative officer, on prior use of the site, the proposed use, and its impact.

(2)

The administrative officer, with the approval of the technical review committee may grant waivers of any design standards applicable to a project or any of the requirements found in this section in the best interest of good planning practice and/or design as evidenced by consistency with the comprehensive plan and this chapter.

(3)

The administrative officer may require the filing of a performance bond or the execution of a conditional agreement with the municipality by the applicant.

(4)

All construction performed under the authorization of a building permit issued for development within the scope of this chapter shall be in conformance with the approved site plan.

(5)

Site plan procedure. Each applicant for site plan approval shall file with the administrative officer an electronic submission of the proposed site plan and a $100.00 application fee.

(m)

Appeal. A decision under this section shall be considered an appealable decision pursuant to [G.L.] § 45-23-71.

(n)

Extension or enlargement. The administrative officer may not extend or enlarge an administrative development plan approval except by granting a new administrative development plan approval.

(o)

Special conditions. In granting an administrative development plan, the administrative officer may apply such special conditions that may, in the opinion of the board, be required to promote the intent and purposes of this chapter. Failure to abide by any special conditions attached to a grant shall constitute a zoning violation. Such special conditions shall be based on competent credible evidence on the record, shall be incorporated into the decision, and may include, but are not limited to, provisions for:

(1)

Minimizing adverse impact of the development upon other land, including the type, intensity, design and performance of activities;

(2)

Controlling the sequence of development, including when it must be commenced and completed;

(3)

Controlling the duration of use or development and the time within which any temporary structure must be removed;

(4)

Ensuring satisfactory installation and maintenance of required public improvements;

(5)

Designating the exact location and nature of development; and

(6)

Establishing detailed records by submission of drawings, maps, plats or specifications.

(p)

Uses in HC2 district. Any use reviewed as an administrative development plan which is located in the HC2 district shall be subject to all applicable subsections listed under section 38-358, including, but not limited to, subsection 38-358(5), environmental impact and design standards. In such instances, the administrative officer shall obtain an advisory recommendation from the technical review committee.

(q)

Commencement of construction/project. Construction/project shall start within 12 months of the date of recording. Construction shall be completed within 60 months of the date of recording.

(Ord. of 2-8-2024(16))