Groton City Zoning Code
§ 218-2.5
Site plan review.
[Amended 10-3-2020 by Art. No. 19; 4-26-2025 ATM by Art. 16]
A.
Purpose. The purpose of this section is to promote sound development in Groton and to protect the health, safety, convenience and general welfare of the community by ensuring that impacts from development are minimized in accordance with this section. Under this section, a comprehensive site plan review procedure is to be undertaken for uses and structures that may have impacts relating to traffic, services and utilities, environmental quality, water resources, wetlands, stormwater runoff, and community character.
B.
Applicability.
(1)
Any application for a building permit, special permit or certificate of occupancy (for a change of use) involving a commercial, office, industrial, institutional, or multifamily use, or structure for such use shall be subject to site plan review.
(2)
In addition, any site changes to an existing commercial, office, industrial, or institutional use, or structure for such use involving the following alterations shall be subject to site plan review in accordance with the minor or major site plan review thresholds established in Subsection C below:
(a)
Any required increase or proposed change to the number of parking spaces either for customers, employees or visitors (refer to § 218-8.1, Off-street parking and loading, for parking requirements).
(b)
Any alteration to traffic flow patterns, including access, egress, deliveries and pedestrian access.
(c)
Any alterations to the drainage system, topography or stormwater runoff patterns.
(d)
Any changes to loading areas, dumpsters, lighting or accessory structures.
(e)
Off-site off-street parking.
C.
Threshold of review.
(1)
Minor. Minor site plan review by the Land Use Director and Building Commissioner is intended as a simplified submittal which does not necessitate professional preparation. Minor site plan review project submittals apply to any application for a construction project or change of use meeting the following thresholds:
(a)
Construction, enlargement or alteration of a parking area resulting in five or fewer new parking spaces.
(b)
Construction of a new building, an addition, change of use, or any other alteration of up to 1,000 square feet gross floor area to an existing commercial, office, industrial, or institutional use, or structure for such use.
(c)
Any minor change to the property upon which the structure is located, including, but not limited to, traffic flow patterns and traffic generation, drainage and stormwater runoff, loading areas, outdoor seating, landscaping, dumpsters, lighting, or accessory structures, provided that the proposed project has limited impact on Town services.
(d)
Construction of a temporary building or trailer limited to one year at a time for use incidental to construction or building operations.
(2)
Major. Major site plan review by the Planning Board is intended as the standard site plan review submission and requires preparation of plans by a registered professional engineer. A major site plan review approval is required for the following:
(a)
Construction, enlargement, or change of use resulting in the construction or alteration of a parking area resulting in six or more new parking spaces.
(b)
Construction of a new building or an addition, a change in use, or any other alteration that exceeds 1,000 square feet of aggregate gross floor area which includes all floors of all buildings on the premises, to an existing commercial, office, industrial, or institutional use or structure.
(c)
Construction, erection, installation, use, or modification of a large-scale wind energy conversion device.
(d)
Construction, erection, installation, use, or modification of a large-scale ground-mounted solar photovoltaic installation.
D.
Procedures.
(1)
Minor site plan review applications. Where the application for a building permit mentioned in Subsection B or C(1) above is submitted, the application shall be accompanied by an approved site plan in accordance with the criteria specified below. Such approval shall be obtained from the Land Use Director and Building Commissioner, after consultation with the Land Use Departments' staff (NOTE: The Land Use Departments include the Building Department, Board of Health, Conservation Commission, Historic Districts Commission, Housing Coordinator, Planning Board, and Zoning Board of Appeals.) and public safety officials, prior to application for a building permit. The Land Use Director and Building Commissioner shall review and approve, approve with such conditions as they may deem appropriate, or not approve the site plan as described in Subsection H below, within 30 days of receipt of a plan submitted under Subsection C(1). No building permit shall be issued by the Building Commissioner without written approval of the site plan by the Land Use Director and Building Commissioner unless 30 days lapse from the date of the submittal of the site plan under Subsection C(1), Minor site plan review projects, without action by the Land Use Director and Building Commissioner or without a request from the applicant for an extension of time for the consideration of the site plan.
Any dispute arising from the minor site plan review process or any plan not receiving unanimous approval from the Land Use Director and Building Commissioner shall be referred to the Planning Board for action. The Land Use Director and Building Commissioner may also refer any site plan that, due to unusual circumstance or a unique situation, they believe should be approved by the Planning Board. All site plans sent to the Planning Board by the Land Use Director and Building Commissioner for action will be handled through the minor site plan review process.
An applicant may request that the minor site plan be reviewed by the Planning Board rather than the Land Use Director and Building Commissioner.
Where applicable, all other criteria and conditions of this section will govern minor site plan review.
(2)
Major site plan review applications. If a project requiring site plan approval also requires a special permit, the same procedure for the review of a special permit application shall apply (see § 218- 2.3), with the addition of the procedures delineated herein. If a project requiring site plan approval does not require a special permit, the procedure for the review of a major site plan review application shall be as follows:
(a)
Upon receipt of a site plan review application, the Planning Board or its agent shall review the application for completeness. No application shall be accepted as a submittal unless and until all information necessary for such review, as described herein, is fully provided unless waivers are requested in writing. At the time of submission, the Board or its agent shall make a determination that the application is either complete or incomplete. If the Planning Board or its agent determines that the submission is incomplete, the application shall be returned to the applicant either in person or by certified mail with a letter indicating that insufficient information was provided making it impossible for the Planning Board to adequately review or approve the application. Incomplete applications shall not be considered submittals and shall not be considered the start of any time limits within which the Board is required to act under various provisions of Massachusetts General Law, Chapter 40A. If the submission is determined to be complete, the applicant shall file the application with the Town Clerk by delivery or by certified mail, postage prepaid. The Town Clerk shall time and date stamp said application to fix the date of submission.
(b)
The Planning Board shall hold a public hearing on any complete application within 65 days after filing, shall properly serve notice of such hearing and then render its decision within 90 days of the close of the hearing.
E.
Coordination with other boards.
(1)
Coordination with other departments. The Planning Board shall transmit a copy of the application and site plan to the Select Board, Board of Health, Building Commissioner, Commission on Accessibility, Conservation Commission, Electric Light Department, Fire Chief, Director of Public Works, Historic Districts Commission, Police Chief, Water Commission and Sewer Commission for their written recommendations. Failure to respond to the Planning Board within 14 days shall indicate approval by said agencies.
(2)
Where applicable, applicants shall submit necessary documents to the Historic Districts Commission so that the Planning Board and said Commission may coordinate, to the extent feasible, a joint review of the site plan. Where an applicant has requested an extension of time for the consideration of a site plan and where said site plan accompanies a special permit application to the Zoning Board of Appeals, the request for extension of time shall be submitted to both the Planning Board and the Zoning Board of Appeals.
F.
Pre-submission review. Prior to investing in extensive professional design efforts for site plans, it will often prove useful to review the proposed use of land with the Planning Board, in order that general approaches and potential problems can be freely explored. Pencil sketches, which need not be professionally prepared, will assist the discussion and might show some but not all of the information to be shown on a site plan. At this review, the Board may vote to waive certain submission requirements. Regardless of whether waivers are to be sought by the applicant, the pre-submission review is strongly encouraged since it will provide the applicant with important guidance prior to the commencement of the site plan review process.
G.
Submission requirements.
(1)
Minor site plan review. A site plan shall be submitted that accurately and in detail acceptable to the Land Use Director and the Building Commissioner shows all relevant site conditions. Dimensions and scales shall be adequate to determine that all requirements are met. The plan may be prepared by the applicant; however, the Land Use Director and Building Commissioner may require the submission of information prepared by a registered professional engineer if the Land Use Director and Building Commissioner determine that the specific conditions require such information. Plans shall show the following, unless waived by the Land Use Director and Building Commissioner:
(a)
Boundary line information pertaining to the land sufficient to permit location of same on ground.
(b)
Dimensions and locations of all existing and proposed structures.
(c)
General description of the existing topography, including any proposed grading changes.
(d)
Parking, loading areas, access and egress provisions.
(e)
Storm drainage, including direction of flow and means of ultimate disposal.
(f)
Provisions for and locations of private or public sewer and water supply, including fire- protection measures.
(g)
Location of all utilities, signage, lighting, outdoor storage and trash disposal areas.
(h)
Existing and proposed planting, landscaping and screening.
(i)
All areas subject to protection under the Wetlands Protection Act, MGL c. 131, § 40, within 100 feet of any proposed construction.
(j)
All easements, restrictions and covenants.
(k)
Compliance with all applicable provisions of this chapter, including copies of any variances or special permits running with the property.
(l)
Location and dimensions of any temporary structure, including but not limited to temporary trailers and sheds, or outdoor material storage and staging areas.
(2)
Major site plan review. Major site plans are subject to all submittal requirements of minor site plan review projects and are also subject to the following requirements:
(a)
Plans shall be prepared by a registered professional engineer unless the Planning Board determines that this requirement may be waived because of unusually simple circumstances.
(b)
All plans shall be submitted on twenty-four-inch-by-thirty-six-inch sheets and shall have a minimum scale of one inch equals 40 feet. A locus plan shall be provided at a scale of one inch equals 200 feet and shall show all structures, streets, bodies of water, floodplain elevations, landscape features, historic sites, and environmental resources within the parcel and within 300 feet of the parcel. All applicable zoning or overlay districts shall be depicted on the locus plan.
A zoning requirements chart shall be shown on the title sheet listing the minimum or maximum intensity requirements, parking requirements, and any applicable special permit requirements including proposed open space and impervious area. The chart shall specify how the proposed project complies with the requirements.
(c)
Existing and proposed topography contour lines shall be delineated at two-foot intervals.
(d)
Calculations of storm drainage to demonstrate and assure compliance with the requirements of all applicable federal, state and local regulations and guidelines, including, but not limited to, the Department of Environmental Protection Stormwater Management Policy, as it may be amended.
(e)
An assessment of traffic impacts and safety conditions shall be prepared by a traffic engineer. An applicant may request a determination by the Planning Board during a pre-submission review (Subsection F) of the necessity for a traffic study and the required scope of such a study.
(f)
A landscaping plan shall be prepared by a registered landscape architect that shows the location of plantings around the perimeter of the building, any buffer landscaping between parcels, and landscaping of the parking area.
(g)
Information on the location, size, and type of parking, loading, storage, and service areas, hours of operation, delivery/export hours, public address systems, snow removal and snow storage areas.
(h)
A photometric lighting plan shall be submitted that indicates the illuminations throughout the site and onto abutting ways and properties. The plan shall indicate the lighting hours of operation, especially shutoff times.
(i)
The Planning Board may, at its discretion, require the preparation and submission of a development impact report that may include, but not be limited to, analysis of the impacts of the proposed project on the environment (i.e., wetlands, water resources, open space), and infrastructure and services (i.e., roadways, wastewater, schools).
(j)
An existing conditions plan showing all land within 500 feet of the subject property depicting:
[1]
All dwellings and principal buildings.
[2]
The current land use of each abutting lot.
[3]
Lot and right-of-way lines.
[4]
Existing contours at two-foot intervals.
[5]
Principal natural features in general.
[6]
Zoning district boundaries, including Floodplain and Water Resource Protection Districts.
[7]
Recorded easements abutting the subject property.
[8]
Public facilities such as parks, recreation areas, conservation land, bike paths, and streets.
[9]
Private driveways and access roads.
[10]
Parking areas.
[11]
The location and size of existing water mains, fire hydrants, sanitary sewers and storm drains.
(k)
Floor plans and architectural elevations of all planned structures and any existing structures.
(l)
Analysis of the consequence of the proposed development, evaluating the following impacts at a level of detail appropriate to the scale of the development proposed:
[1]
Natural environment: groundwater and surface water quality, groundwater level, stream flow, erosion and siltation, vegetation removal (especially unusual species and mature trees) and wildlife habitats.
[2]
Public services: need for water or sewer system improvements, need for additional public recreational facilities.
[3]
Economics: municipal costs and revenues, local business activity and local jobs.
[4]
Visual environment: visibility of buildings and parking and visual consistency with existing development in the area.
(m)
A physical or digital three-dimensional site model, unless waived by the Planning Board.
H.
Decisions. Site plan approval shall be granted upon a determination by the Planning Board that the following requirements have been satisfied. The Planning Board may impose reasonable conditions, at the expense of the applicant, to ensure compliance with these requirements. The Planning Board may deny approval of a site plan only on the grounds that the documents required under this § 218-2.5 have not been submitted or were not submitted at the appropriate time, that the applicable provisions of Chapter 381, Part 2, Fees, or Subsection K below have not been complied with, or that the project proposed pursuant to the site plan may be so intrusive on the needs of the public that no reasonable conditions can be required that would mitigate the impacts. The following criteria shall be met in order for the Planning Board to approve the site plan or approve the site plan with conditions.
(1)
Site plans shall be designed so that new building construction and other site alteration, after considering the qualities of the specific location, the environmental resources, the proposed land use, the design of building form, grading, access and egress points and other aspects of the development, shall:
(a)
Preserve trees twelve-inch caliper or larger unless it can be demonstrated that such removal is necessary for the location of structures, roads, driveways, and utilities, and it can be further demonstrated that there were no alternatives to said removal.
(b)
Provide for landscaping around the perimeter of all structures and the parcel as a whole, including parking areas, to the satisfaction of the Planning Board.
(c)
Meet the requirements of Chapter 198 of the Code of the Town of Groton relating to stormwater management, soil erosion and sedimentation control, including any land disturbance activities.
(d)
Integrate the development into the existing terrain and surrounding landscape and protect abutting properties and community amenities. Project sites shall be buffered from adjacent uses if required by the Board, preferably with a natural landscaped buffer. Obstruction of scenic views from publicly accessible locations shall be minimized. Unique historic and cultural amenities, and stone walls shall be preserved to the greatest extent possible.
(e)
Allow no net increase in the rate or volume of stormwater runoff from the two-, ten-, twenty-five- or one-hundred-year storm event across the boundaries of the site unless provisions have been made to tie into public storm drains with the approval of the appropriate authority and the Planning Board has determined that all reasonable provisions have been made to minimize any changes to runoff from the site. Compliance with all applicable federal, state and local regulations and guidelines, including, but not limited to, the Department of Environmental Protection Stormwater Management Policy, as it may be amended, shall be demonstrated.
[1]
Storm drains, culverts, swales, detention basins and related facilities shall be designed to permit the unimpeded flow of all natural watercourses, to ensure adequate drainage at all low points along streets, to control erosion and to intercept stormwater runoff along streets at intervals reasonably related to the extent and grade of the area being drained. The peak rate of runoff at the boundaries of the development shall not be increased from the predevelopment rate during the two-, ten-, twenty-five or one-hundred-year storm event, unless an increase is authorized by the Planning Board, following consultation with the Conservation Commission and consideration of the ability of receiving wetlands or water bodies to absorb the increase and the consequences of providing detention capacity.
[2]
The United States Soil Conservation Service (USSCS) TR20 or TR55 Methodology, where applicable, shall be used to determine the off-site rate of runoff for detention and infiltration systems. Adequate physical access for maintenance purposes shall be provided to detention and infiltration facilities. Water velocities in pipes and paved gutters shall be between two and 10 feet per second and not more than five feet per second on unpaved surfaces.
(f)
Maximize pedestrian and vehicular convenience and safety, both within the site and in relation to adjacent ways. Internal and external traffic circulation, and pedestrian and bicycle access shall be provided to the satisfaction of the Board. Potential traffic impacts shall be mitigated as prescribed by the Board, including, but not limited to, measures designed to reduce automobile trip generation, especially on roadways with demonstrated deficiencies in capacity.
(g)
Minimize the visibility of parking, storage or other outdoor service areas viewed from public ways or premises residentially used or zoned.
(h)
Minimize glare from headlights through plantings or other screening. Minimize lighting intrusion onto other properties and public ways with proper arrangement and shielding, while providing for security and public safety.
(i)
Minimize lighting intrusion onto other properties and public ways with proper arrangement and shielding, while providing for security and public safety.
(j)
Minimize departure from the character and scale of buildings in the vicinity, as viewed from public ways. Architectural style shall be in harmony with the prevailing character of the neighborhood to the maximum extent feasible as required in § 218-8.3B, Promotion of harmonious development.
(k)
Prevent contamination of groundwater from on-site wastewater disposal systems (must meet requirements of Title 5 of the State Environmental Code [310 CMR 15.000 et seq.] and applicable Board of Health regulations, as they may be amended). Contamination also shall be prevented from operations on the premises involving the use, storage, handling, transport or containment of toxic or hazardous substances as defined in § 218-7.2B and regulations of the Department of Environmental Protection and the U.S. Environmental Protection Agency, as they may be amended.
(l)
Demonstrate that an adequate water supply is available and that there shall be no significant impact to groundwater levels. Groundwater recharge shall be provided for throughout the development, and impervious surfaces shall be kept to a minimum.
(m)
Demonstrate that there shall be no excessive demands on local infrastructure and the ability of the Town to provide services to the development.
(2)
Any new building construction or other site alteration shall be designed so as to provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the requirements of the site plan review regulations.
(3)
Three copies of the site plan approved by the Planning Board shall be submitted to the Board for endorsement. No building permit shall be issued and construction shall not commence prior to endorsement of the approved site plan. One copy of the endorsed plan shall be transmitted to the Building Commissioner by the Planning Board.
I.
Performance bond. The Planning Board shall be authorized to require that an applicant post a performance bond, or any other form of surety acceptable to the Board, as part of the site plan review application process. The bond shall also include such sum as may be required to ensure that any temporary structures are removed prior to issuance of a temporary or final occupancy permit. The Planning Board may specify this requirement in regulations written pursuant to Subsection K below.
J.
Lapse. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.
K.
Regulations. The Planning Board may adopt and from time to time amend reasonable regulations for the administration of these site plan requirements.