9.1.1 General. The building commissioner shall be the officer responsible for interpreting and enforcing the provisions of this ordinance, and may delegate his powers and duties to assistants as necessary. The police department and the city solicitor shall assist the building commissioner in such enforcement where necessary and appropriate.

9.1.2 Violation. The building commissioner shall refuse to grant a permit for the erection, reconstruction, alteration, enlargement or moving of any structure which would result in a violation of any provision of this ordinance, or in violation of the terms of any special permit or variance duly granted. State and municipal officers shall refuse to grant any permit or license which would result in a violation of any provision of this ordinance. Any applicant for a permit or license shall submit sufficient documentation, including plans and specifications, to satisfy the granting authority that all the conditions of this ordinance have been or will be met.

9.1.3 Conformance to subsequent amendments. If a permit or special permit is issued by the city council for a use or for construction under this ordinance, then such use or construction shall conform to any subsequent amendment to this ordinance unless such use or construction is commenced within a period of six months after the issuance of the permit and in the cases involving construction, unless such construction is continued through to completion as continuously and expeditiously as is reasonable.

9.1.4 Stop order. The building commissioner shall issue a stop order on any work in progress which would result in a violation of any provision of this ordinance. If, after an inspection, the building commissioner finds that the use of any premises is in violation of any provision of this ordinance, and that such premises does not constitute a nonconforming use as defined herein, he shall issue to the owner an order to cease such violation immediately. No land or structure shall be used or occupied, changed in use or reoccupied which would result in a violation of any provision of this ordinance.

9.1.5 Penalty. Any person or group of persons violating any of the provisions of this ordinance shall be fined not more than $300.00 for each offense. Each day that violation continues shall constitute a separate offense.

(Ord. of 2-19-02 [45th amd.], § 9.0)

9.2.1 Powers. The board of appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws of the Commonwealth and by this ordinance. The board's powers are as follows:

1.

To hear and decide appeals or petitions for variances from the terms of this ordinance, with respect to particular land or structures, as set forth in M.G.L.A. c. 40A, § 10. Use variances shall not be allowed in any district.

2.

To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of M.G.L.A. c. 40A, §§ 7, 8 and 15.

3.

To hear and decide comprehensive permits for construction of low or moderate income housing by a public agency or limited dividend or nonprofit corporation, as set forth in M.G.L.A. c. 40B, §§ 20-23.

9.2.2 Conditions. Variances may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this ordinance.

9.2.3 Regulations. The board of appeals may adopt rules and regulations for the administration of its powers.

9.2.4 Fees. The board of appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.

(Ord. of 2-19-02 [45th amd.], § 9.0)

9.3.1 Special permit granting authority. Unless specifically designated otherwise, the city council shall act as the special permit granting authority.

9.3.2 Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the benefit to the city and the neighborhood outweigh the adverse effects of the proposed use, taking into account the characteristics of the site and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this ordinance, the determination shall include consideration of each of the following:

1.

Social, economic, or community needs which are served by the proposal;

2.

Traffic flow and safety, including parking and loading;

3.

Adequacy of utilities and other public services;

4.

Neighborhood character and social structures;

5.

Impacts on the natural environment; and

6.

Potential fiscal impact, including impact on city services, tax base, and employment.

9.3.3 Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this ordinance.

9.3.4 Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in M.G.L.A. c. 40A, § 17, from the grant thereof) with the city clerk.

9.3.5 Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section.

9.3.6 Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits. The fee for a special permit before the city council shall be $100.00 unless a greater amount is required elsewhere in the ordinance. The city council, planning board, board of appeals, and Pioneer Valley Planning Commission shall be exempt from such fees. The cost of publication shall be borne by the applicant. If the applicant fails to properly and timely advertise the application will be denied without prejudice and the applicant must re-file the application. An additional filing fee will be required unless waived by a two-thirds vote of the city council.

(Ord. of 2-19-02 [45th amd.], § 9.0; Ord. of 5-20-03 [53rd amd.], § 1; Ord. of 5-16-06 [64th amd.], § 1; Ord. of 9-5-06 [64th amd.], § 1)

10.1.1 Purpose. The purpose of site plan review is to protect the health, safety, convenience and general welfare of the city by providing a mechanism to review plans for proposed structures and to ensure that development is designed or expanded in a manner that reasonably protects visual and environmental qualities of the site and its immediate surroundings.

10.1.2 Applicability. Prior to the issuance of a building permit in any zoning district, an applicant must first be granted site plan approval by the planning board, unless otherwise provided herein. The site plan review and approval provisions of this section shall apply to the following types of structures and uses:

1.

Any new structure, or group of new structures under the same ownership, with at least 5,000 square feet of gross floor area, 10,000 square feet of impervious surface, or requiring the provision of 17 or more parking spaces.

2.

Any addition which results in an additional impervious surface area of greater than 5,000 square feet, or an additional 5,000 square feet of gross floor area, or requires the addition of 17 or more parking spaces.

3.

Any new structure or group of new structures or additions which result in an increase of 700 vehicle trips per day as calculated by the Institute of Transportation Engineers (ITE) trip generation manual or any other acceptable formula.

4.

Changes in use of any building that will introduce significant quantifiable alterations as reasonably determined by the planning board regarding on and off site traffic, and curb cuts, site design or other site features.

5.

Multifamily residential developments involving four or more units.

6.

Multifamily flexible developments projects as regulated under section 7.5.

The calculation of increase in square feet shall be based on the aggregate of all new structures and/or additions calculated from the date of enactment of this section.

10.1.3 Waiver. The planning board may vote to waive any or all requirements of major site plan review in the cases of change of use and other instances where approved by the board.

10.1.4 Application.

1.

Preapplication meeting. An applicant for major site plan approval must attend a preapplication meeting. The applicant shall provide adequate information to describe the nature, scope and site of the proposed development and any anticipated waiver(s) to be requested by the applicant at the meeting. The preapplication meeting shall be conducted by the permitting group.

2.

Waivers. Waivers of site plan submittal requirements shall only be granted if the applicant requests such in writing at the time of application submittal. It is the responsibility of the applicant to demonstrate that the health, safety, and welfare of the public will not be harmed by the waiver of any submittal requirements. The planning board, by majority vote, may grant a waiver(s) of any of the items listed below under "required site plan contents" and shall state their reasons for granting the request. If the planning board subsequently desires to revoke a waiver, the board shall do so only on the unanimous vote of the board of those members present.

3.

Submittal requirements to the planning board. The following information shall be submitted to the planning board:

a.

Two original application forms and a designer's certificate.

b.

Ten full sets of the site plans no larger than 24 inches × 36 inches, and seven copies of reduced size plans, preferably 11 inches × 17 inches.

c.

A digital (pdf) file of the site plan and other required submittal materials.

d.

List of property owners and their addresses for all parcels of land within 300 feet of the subject parcel, to be obtained from the most recent property list from the Holyoke Assessors Office.

e.

Stamped A10 sized envelopes twice the quantity of the number of abutters established in (d) above. Envelopes will be used to mail hearing notices and the decision to all abutters.

f.

Required fee.

g.

The planning board will require the applicant to submit as-built drawings and plans in computer formats. Contact the planning board for required format.

h.

A revision list is required for all revisions to plans.

i.

The cost of publication shall be borne by the applicant.

10.1.5 Contents. A major site plan submitted under this section shall be prepared by a registered architect, landscape architect, engineer. In all districts, the site plan shall include the following components and information:

1.

Locus plan. A locus plan showing the entire proposed development and its relation to existing areas, buildings and roads for a distance of ¼ mile from the boundaries of the proposed development or such other distance as may be approved or required by the planning board. The plan shall also show all contiguous land owned by the applicant or by the owner of the property which is the subject of the application.

2.

Perspective, isometric, or cross-section drawing(s). A digital/graphic representation showing the entire proposed development and its relation to existing adjacent areas, buildings and roads for a distance of 100 feet from the boundaries of the proposed development. In cases where the impact to the neighborhood is of specific concern, the planning board may require a cross-section or full isometric drawing.

3.

Utility plan. A plan depicting all utilities, including sewer, water, electric, cable, lighting, etc. All easements shall be illustrated on the plan describing the bounds and purpose thereof.

4.

Landscape plan. A landscape plan showing the limits of work, existing tree lines, and all proposed landscape features and improvements including but not limited to, fences, walls, screening devices, decorative paving, irrigation systems, and planting areas with size and type for each shrub or tree. The plan shall contain a legend stating all common, botanical names, and at what stage of maturity each is represented of the proposed species to be planted.

5.

Improvements plan. A plan depicting all existing and proposed buildings, driveways or roads, parking areas, service areas, refuse collection areas, sidewalks, paths, etc.

6.

Building elevation plan. Building elevation plans showing all elevations of all proposed buildings and structures and indicating the type and color of materials to be used on all facades including the dimensions of the building. Each elevation shall be labeled with its compass direction. The plan shall also include the location, dimension, height and characteristics of proposed signs.

7.

Erosion control plan. A plan depicting all erosion control measures to be utilized in the project including, limit of work, all methods being utilized with their location depicted on the plan (ie. hay bales), sediment tracking pad, etc. Details shall be included for all measures.

8.

Details. Detail sheets including, but not limited to, catch basins, signage (temporary and permanent), stormwater management structures, retaining walls, pavement markings, lighting fixtures, fencing, dumpster enclosures, curbing, any site improvements included in plan [3-7] above.

9.

Stormwater management plan. Sufficient information to evaluate the environmental characteristics of the affected areas, the potential impacts of the proposed development on water resources, and the effectiveness and acceptability of measures proposed for managing stormwater runoff. The plan shall be reviewed by the city engineer in compliance with the Holyoke Code of Ordinances — stormwater and erosion control ordinance.

10.1.6 Accompanying narratives. The site plan shall be accompanied by the following narrative information:

1.

Development impact statement:

a.

Summarize the content of the site plans and set forth the development schedule;

b.

Project the economic benefits and liabilities of the proposed development;

c.

Detail the demands which will be placed on city services and infrastructure by the proposed development;

d.

Explain how the proposed development will be integrated into the existing landscape through design features such as vegetation buffers and the retention of open space and/or agricultural land;

e.

Demonstrate the consistency and compatibility of the proposed development with the existing master plan or similar documents;

f.

Account for the impact of the proposed development on all streets and intersections adjacent to or within ¼-mile of the project boundaries or other such distance as may be approved by the planning board;

g.

Detail adequate measures to prevent pollution of surface water or groundwater to minimize erosion and sedimentation and to prevent changes in groundwater levels, increased runoff and potential for flooding;

h.

Assure that outdoor lighting, including lighting on the exterior of buildings or lighting in parking areas is arranged to minimize glare and light spillover to neighboring properties; and

i.

Assure that all permits or licenses that may be required by federal, state or local law have been obtained, or will be obtained before construction begins.

2.

Traffic impact statement. The purpose of this section is to document existing traffic conditions in the vicinity of the proposed project, to describe the volume and effect of projected traffic generated by the proposed project, and to identify measures proposed to mitigate any adverse impacts on traffic. The traffic impact statement shall contain:

a.

The projected number of motor vehicle trips to enter or leave the site estimated for daily and peak hour traffic levels.

b.

The projected traffic flow pattern including vehicular movements at all major intersections likely to be affected by proposed use of the site.

c.

Traffic flow patterns at the site including entrances and egresses; loading and unloading areas, and curb cuts on-site and within 500 feet of the site.

d.

A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter and depart from the site estimated for daily hour and peak hour traffic levels, road capacities, and impact on intersections existing daily and peak hour traffic levels and road capacities shall also be given.

e.

A plan to minimize traffic and safety impacts through such means as physical design and layout concepts, staggered employee work schedules, promoting use of public transit or carpooling, or other appropriate means.

f.

An internal traffic and pedestrian circulation plan designed to minimize conflicts and safety problems.

g.

Adequate pedestrian and bicycle access to adjacent properties and between individual businesses within a development.

h.

Specific mitigation measures which alleviate impacts to the adjacent roadway network.

i.

The planning board may require a detailed traffic study for higher-volume traffic generating uses, regardless of any MEPA action or waiver.

3.

Traffic impact study. For all projects generating more than 700 vehicle trips per day (based on Institute of Transportation Engineers rates found in Trip Generation), or in other instances where the planning board so determines, the applicant shall be required to submit a detailed traffic study conducted by a [Massachusetts] registered transportation engineer containing:

a.

The existing average daily and peak hours volumes, average and peak speeds, sight distances, accident data, and levels of service (LOS) of intersections and streets likely to be affected by the proposed development. Generally such data shall be presented for all streets and intersections adjacent to or within 2,500 feet of the project boundaries and shall also include all intersections clearly impacted by such development. LOS shall be determined according to criteria set forth by the Transportation Research Board of the National Research Council.

b.

Projected traffic conditions for design year of occupancy. Statement of design year occupancy, background traffic growth on an annual average basis, impacts of proposed developments which have already been approved in part, or in whole by the city.

c.

Projected impact of proposed development. Projected peak hour and daily traffic generated by the development of roads and ways within 2,500 feet of the development; sight lines at the intersections of the proposed driveways and streets; existing and proposed traffic controls in the vicinity of the proposed development; proposed traffic movements at all major intersections likely to be affected by the proposed use of the site; and projected post-development traffic volumes and levels of service of intersections and streets likely to be affected by the proposed development. The increase in vehicle trips attributed to the proposed project shall not decrease the LOS of any intersection affected by the project. Any decrease in LOS shall be mitigated by the applicant.

d.

A plan to minimize traffic and safety impacts through such means as physical design and layout concepts, staggered employee work schedules, promoting use of public transit or car-pooling, or other appropriate means.

e.

An internal traffic and pedestrian circulation plan designed to minimize conflicts and safety problems.

f.

Adequate pedestrian and bicycle access provided by supplying access to adjacent properties and between individual businesses within a development.

g.

Specific mitigation measures which alleviate impacts to the adjacent roadway network.

h.

A five-year forecast roadway capacity analysis with a discussion of the primary differences between development of the project (build) and the alternative of not carrying out the project (no build).

In the case where transportation improvements are required, the applicant shall be responsible for posting a monetary performance bond in a form and amount as recommended by the city engineer and approved by the planning board, sufficient to guarantee all improvements as required by the board. The bond shall be held by the department of public works.

4.

Height/visibility impact. The planning board may require an on-site demonstration of the visibility of the proposed structure by means of the flying of a balloon in the case where the height of the proposed project will have an impact on the abutting properties.

a.

The demonstration shall take place after the application for site plan review has been submitted.

b.

The date of the demonstration must be advertised in a newspaper of general circulation within the city at least seven days prior to the actual demonstration date at the applicant's expense.

c.

Notice of the demonstration shall be provided at least seven days in advance to direct abutters, planning board and city council.

d.

The demonstration must be for a minimum of 12 daylight hours or the maximum allowed by the season.

e.

The balloon shall be of appropriate size, color and material to be seen from a distance of at least 300 feet.

10.1.7 General design standards and site plan review criteria. The following criteria shall be considered by the city departments in the review and evaluation of the site plan:

1.

The proposed development shall comply with the provisions of the ordinances of the City of Holyoke, the General Laws of Massachusetts and all applicable rules and regulations of state and federal agencies.

2.

Landscape and open space. The proposed development shall be integrated into the existing terrain and surrounding landscape and shall be designed to protect abutting properties and community amenities. Building sites shall, to the extent feasible:

a.

Minimize use of wetlands, steep slopes, floodplains, hilltops;

b.

Minimize obstruction of scenic views from publicly accessible locations;

c.

Preserve unique natural or historical features;

d.

Minimize tree, vegetation and soil removal and grade changes;

e.

Maximize open space retention; and

f.

Screen objectionable features from neighboring properties and roadways.

3.

Building design. The architectural style shall be in harmony with the prevailing character and scale of buildings in the neighborhood through the use of appropriate building materials, screening, breaks in the roof or wall lines and other architectural techniques. Variation in detail, form and siting shall be used to provide visual interest and avoid monotony. Proposed buildings shall relate harmoniously to each other with adequate light, air, circulation, and separation between buildings.

4.

Utilities. The proposed development shall be served with adequate water supply and waste disposal systems. For structures to be served by on-site waste disposal systems, the applicant shall submit a septic system design prepared by a certified engineer and approved by the board of health. The site plan shall show adequate measures to prevent pollution of surface water or groundwater, to minimize erosion and sedimentation, and to prevent changes in groundwater levels, increased runoff and potential for flooding. Drainage shall be designed so that run-off shall not be increased, groundwater recharge is maximized, and neighboring properties will not be adversely affected. The proposed electric, telephone, cable TV, and other such utilities shall be underground where physically and environmentally feasible.

5.

Circulation. The site plan shall show adequate access to and from the site, maximum convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways. Entrance and exit driveways shall be located and designed to achieve maximum distance from existing and proposed access connections from adjacent properties left-turn and other turning movements shall be minimized, driveways shall be located and designed as to discourage the routing of traffic to and through residential streets, and pedestrian and bicycle circulation shall be separated from motor vehicle circulation as much as possible.

6.

Infrastructure. The development will not place excessive demands on city services and infrastructures.

7.

Screening. Any exposed storage areas, machinery, service areas, HVAC system, dumpsters, outdoor storage, truck loading areas, utility buildings and structures or other unsightly uses shall be set back and screened to protect the neighbors from objectionable features. Materials utilized to enclose such features shall be of a material of similar type and color to the main structure, or similar durable material or of landscaped materials adequate to fully screen the feature.

10.1.8 Stormwater management design criteria and standards. All stormwater management measures must comply with the city stormwater and erosion control ordinance. No site plan shall be approved unless the development provides design and management measures necessary to maintain the post development peak discharges for a 24-hour, two-year frequency storm event at a level that is equal to or less than the respective, pre-development peak surcharge rates. When the proposed discharge may have an impact upon a sensitive receptor, including streams, storm drains, combined sewers, roads, and/or buildings, the city engineer may require an increase in these minimum requirements. The plan shall incorporated the following performance standards to accomplish this objective:

1.

Stormwater management measures. Stormwater management measures shall be required to satisfy the minimum control requirements and shall be according to the following order of preference:

a.

Low impact development technologies.

b.

Infiltration, flow attenuation, and pollutant removal of runoff through the use of open vegetated swales, natural depressions or underground systems.

c.

Detention and evaporation of stormwater on rooftops or in parking lots.

d.

Use of stormwater on-site to replace water used in industrial processes or for irrigation.

e.

Stormwater detention structures for the temporary storage of runoff which are designed so as not to create a permanent pool of water.

f.

Stormwater retention structures for the permanent storage of runoff by means of a permanent pool of water.

2.

Low impact development incentives. An applicant that utilizes low impact development best practices as described in the Massachusetts Stormwater Management Guide shall be eligible for the incentives below as determined by the city engineer in accordance with the level of utilization as listed below:

a.

Waived site plan review application fee for all instances.

b.

Discounted sewer entrance fee in direct accordance with the amount of stormwater infiltrated using LID best practices.

c.

Parking reduction by right if such area of reduction is used for area to utilize LID technologies

10.1.9 Action by the planning board. Site plan review shall be conducted in accordance with the procedures set forth in M.G.L.A. c. 40A for special permits. After determining that the site plan is in conformance with the requirements of this section, and after considering the criteria set forth in subsection 10.1.6, the planning board may approve, approve with modification, or disapprove the site plan application or grant leave to withdraw. Approval may be subject to any conditions, modifications and/or restrictions as the planning board may deem necessary. Leave to withdraw or disapproval by the planning board must be supported by written findings.

1.

Failure to take action within 90 days following the date of the public hearing shall be deemed to be a grant of site plan approval, and the site plan will be approved.

2.

The planning board shall file a copy of its decision with the city clerk within 14 days. No approval shall be issued until the 20-day appeal period has lapsed.

3.

The planning board may require the posting of a bond for public improvements in an amount to be recommended by the city engineer, to assure compliance with the public improvements required by this site plan as approved by the planning board. The amount of the bond shall not exceed the cost of the public improvements.

10.1.10 Enforcement, lapse and appeal. The terms and conditions of site plan approval shall be enforced by the building commissioner. Any site plan approval issued under this section shall lapse within two years if a substantial use thereof has not commenced sooner except for good cause. Such extension request shall be submitted to the planning board, in writing, prior to the expiration of said two-year term. The time required to pursue and await determination of a judicial appeal pursuant to M.G.L.A. c. 40A shall not be included within the two-year time.

1.

Appeal. Persons aggrieved by the action of the planning board pursuant to this section 10.0 shall appeal in accordance with the provisions of M.G.L.A. c. 40A § 17.

(Ord. of 12-15-09 [97th amd.], § 1)

10.2.1 General.

1.

Any special permit granting authority (SPGA), or the planning board in the conduct of site plan review, shall be authorized through rules to impose reasonable fees for the employment of outside consultants to assist in evaluating applications for special permits or site plan review, consistent with M.G.L.A. c. 44, § 53G, in addition to minimum filing fees required in Appendix A of the Holyoke Code of Ordinances.

2.

All reasonable costs approved by a two-thirds vote as necessary for the employment of experts or consultants for the purpose of analyzing or evaluating a project that it is the subject of a special permit application or site plan review shall be assessed to the applicant and shall constitute required costs in addition to the filing fee.

3.

No special permit application or site plan review shall be considered without payment in full of fees as outlined in this ordinance. Failure to pay costs as outlined herein shall be just cause for denial of an application without prejudice.

4.

The amount of costs for a consultant or consultants shall be determined to the satisfaction of two-thirds of the SPGA or planning board based upon estimates from professionals such as engineers, hydrologists, botanists, health physicists, and other professionals, as well as the recommendation(s), by city boards, department heads, city employees or other officials, including the city council, which is derived from their expertise or which is derived from experience on similar projects. Hiring shall be consistent with Massachusetts General Laws and/or any special law or local ordinance.

10.2.2 Procedures.

1.

Upon a determination of the monies required for the evaluation or analysis by the consultant or consultants chosen to evaluate the project, the SPGA or the planning board, through the city clerk, shall notify the applicant in writing, by first class mail, postage prepaid, of the fee required for such an evaluation. The SPGA or the planning board, through the city clerk shall notify all other parties in interest by first class mail, postage prepaid, of the nature of the evaluation and the choice of consultant. The city solicitor and the planning director shall assist the city council in identifying parties in interest that should be notified.

2.

All required fees shall be paid by the applicant to the city clerk in the City of Holyoke within ten business days of receipt of such notification. For purposes of this section, receipt of notification shall be two business days after the date of written notification to the applicant or the postmark thereon, if the postmark is a later date.

3.

In the event that additional evaluation of the project is requested after the initial deposit of such funds, and if such additional evaluation is approved by a two-thirds vote, the additional monies required shall be determined and these amounts shall be paid to the city. Determination of amounts of monies requested from the applicant, notification of the applicant parties in interest, and timelines for payment shall follow the procedures outlined above.

4.

All fees paid and received by the city clerk hereunder shall be deposited in a special account established by the auditor, to be maintained by the city treasurer in the city treasury and shall be kept separate and apart from other monies. The special account, including accrued interest, if any, shall be expended at the direction of the SPGA or the planning board in a manner consistent with this ordinance.

5.

Any excess and unspent amount in the account attributable to a specific project, including any accrued interest, at the completion of said project or the denial of a permit shall be repaid to the applicant or to the applicants successor in interest and a final account of said account shall be made available to the applicant or the applicant's successor in interest. For purposes, of this section, a project shall be deemed complete upon issuance of a final certificate of occupancy by the building commissioner, or if no certificate of occupancy is required, by written certification of the building commissioner that the project is complete, or if a special permit or site plan is denied, at the point that the denial is final and no appeal has been taken.

6.

The treasurer shall submit an annual report on July 1 of each year to the city council, the city auditor and the mayor of all such special accounts and the balances for their review, as outlined in M.G.L.A. c. 44, § 53G.

7.

Failure to pay any fee assessed to the applicant shall be grounds for denial without prejudice of the special permit application.

10.2.3 Consultant qualifications and appeal.

1.

The minimum qualifications for a consultant shall consist of either an educational degree in or related to the field at issue or three or more years of practice in the field at issue or related field, as provided by M.G.L.A. c. 44, § 53G. The selection of a consultant(s) shall be recorded with the city clerk within five days of city council's final selection(s).

2.

In the event any party in interest in a special permit or site plan review proceeding is dissatisfied with any consultant selected by the city council to analyze or evaluate any project that is the subject of said permit application, that person may file with the city council through the city clerk a written appeal of the selection.

3.

The grounds of an appeal herein shall be limited to claims that the consultant has a conflict of interest or does not possess the minimum required qualifications. Appeals must be filed within seven business days of the consultant(s) being recorded by the city clerk. An appeal shall not be considered valid unless it is formally filed with the city clerk, with a copy mailed to each member of the city council.

4.

The required time limits for action on a special permit application shall be extended by the duration of the administrative appeal, beginning with the date of filing of such appeal. The city council shall hear and decide within 30 business days of the filing of such appeal.

5.

Such an administrative appeal shall not preclude further judicial review, if otherwise permitted by law, on the grounds provided for in this section and outlined in M.G.L.A. c. 44, § 53G.

10.2.4 Waiver. The SPGA or planning board shall be empowered, but not required, to waive all or part of any fee for applications submitted by municipal or charitable organizations, in addition to those waivers granted under section 7-4 of Appendix A of the Holyoke Code of Ordinances.

10.2.5 Other. A copy of this ordinance shall be attached to, and be part of, any special permit application, in order for the applicant to be fully advised of the terms and conditions of this section. All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

(Ord. of 2-19-02 [45th amd.], § 10.0)

10A.1 Purpose. The purpose of the BESS site plan review and special permit is to protect the health, safety, convenience, and general welfare of the community by:

1.

Allowing the storage of energy by large-scale BESS within the city;

2.

Establishing general guidelines for the siting of large-scale BESS installations;

3.

Providing a mechanism to review plans for such installations; and

4.

Providing standards for the placement, design, construction, operation, monitoring, modification and removal of energy storage systems.

Such siting standards shall address public safety, minimize impacts on natural resources, and provide adequate financial assurance for the eventual decommissioning of such systems and to ensure that BESS installations will comply with the standards and regulations set forth in this ordinance.

10A.1.2 Applicability. Prior to the permitting or installation of any large-scale BESS in any zoning district specified (i) as allowed use by right subject to site plan approval in the BE, BG, BH, IG, IP, and OP zoning districts or (ii) as allowed by special permit in all other zoning districts as provided in section 4.3 Table of Uses. Any BESS site plan approval or special permit shall be issued by the planning board. The site plan review and special permit approval provisions of this section shall apply to all large-scale BESS systems. Approval shall be by a supermajority of the entire planning board.

10A.1.3 Waiver. The planning board may vote to waive any or all requirements of BESS site plan review or special permit approval, by supermajority vote of the entire planning board.

10A.1.4 Application procedure and requirements.

1.

Pre-application meeting. An applicant for a BESS must attend a pre-application meeting set up in cooperation with the planning department. The applicant shall provide adequate information to describe the nature, scope and site of the proposed development, a brief narrative and basic layout plan.

2.

Waivers. Waivers of site plan review and special permit application submittal requirements shall only be granted if the applicant requests such in writing at the time of application submittal. It is the responsibility of the applicant to demonstrate that the health, safety, and welfare of the public will not be harmed by the waiver of any submittal requirements. The planning board, by supermajority vote of the entire planning board, may grant a waiver(s) of any of the items listed below under section 10A.1.5, "site plan review and special permit application contents," and shall state their reasons for granting the request. If the planning board subsequently desires to revoke a waiver, the board shall do so only on the unanimous vote of the board of those members present and voting.

3.

Application requirements for a large-scale BESS shall include the following:

a.

Two original application forms and a designer's certificate.

b.

A special permit fee in the amount of $500.00 made out to the City of Holyoke.

c.

Ten full sets of the site plan set conforming to the requirements of this section 10A, as set forth more particularly in the relevant sections below, drawn to scale at a plan size no larger than 24 inches by 36 inches (reviewing departments), and five copies of reduced size plans (ordinance committee), preferably 11 inches by 17 inches. Plans shall be prepared by a registered surveyor, engineer or architect and shall include the names and addresses of the record owner(s) and design professional(s) and include their signatures and seals.

d.

A digital (PDF) file of the plans and all other required submittal materials, to be submitted at the time of the application submission.

e.

A list of property owners and their addresses for all parcels of land within 300 feet of the subject parcel, to be obtained from the most recent property list from the Holyoke Assessor's Office.

f.

Five color photographs of the existing site, measuring at least eight inches by ten inches.

g.

Stamped, unaddressed A10 sized, envelopes representing twice the number of abutters listed above to be used by the planning board to mail notice of the site plan review hearing or special permit public hearing and notice of decision.

4.

The planning board will require the applicant to submit as-built drawings and plans in computer formats. Contact the planning board for the required format.

5.

A revision list is required for all revisions to plans.

6.

The cost of publication for any, and all, required public notices shall be borne by the applicant.

10A.1.5 Narrative contents (a—i). A large-scale BESS site plan review or special permit application submitted under this section shall include the following narrative contents and materials:

a.

The name and address of the owner of the BESS.

b.

Evidence that the applicant has site control and right to use the site for a BESS in the form of a deed or valid purchase and sales agreement or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement. Notice of change of ownership shall be given to the planning board in compliance with subsection 7.11.9 of this section.

c.

A description of the BESS facility; size, kwh, footprint, primary and/or secondary use.

d.

Confirmation that an interconnection application has been submitted to the local electric utility company.

e.

A development impact statement containing all the information required under section 10.1.6(1) of the zoning ordinance (a—i).

f.

A traffic impact statement containing all of the information required under section 10.1.6(2) of the zoning ordinance (a—i). Each section and letter shall be labeled with the appropriate corresponding section/letter.

g.

Operation and maintenance plan. The applicant shall submit a plan for the general maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the battery energy storage system. To be reviewed and approved by the city engineer.

h.

Decommissioning plan. The applicant shall submit a plan for decommissioning, including the following materials and documents:

•

A narrative description of the activities to be accomplished, including who will perform that activity and at what point in time, for complete physical removal of all battery energy storage system components, structures, equipment, security barriers, and transmission lines from the property.

•

Disposal of all solid and hazardous waste in accordance with local, state, and federal regulations.

•

The anticipated life of said battery energy storage systems.

•

The estimated decommissioning costs and how said estimate was determined.

•

The method of ensuring that fonds will be available for decommissioning and restoration.

•

The method by which the decommissioning cost will be kept current.

•

The manner in which the site will be restored, including a description of how any changes to the surrounding areas and other systems adjacent to the battery energy storage system, such as, but not limited to, structural elements, building penetrations, means of egress, and required fire detection suppression systems, will be protected during decommissioning and confirmed as being acceptable after the system is removed.

•

A listing of any contingencies for removing an intact operational battery energy storage system from service, and for removing an energy storage system from service that has been damaged by a fire or other event.

i.

A noise study, prepared by a qualified individual with experience in environmental acoustics, to assess the impact of all noise sources generated from the project to abutting properties, and determine the appropriate layout, design, and control measures. The report should include details of assessment methods, summarize the results, and recommend the required outdoor as well as any indoor control measures.

10A.1.6 Site plan review and special permit application contents. An application for BESS site plan review or a special permit application shall include the information set forth in section 10A.1.4 and section 10A.1.5 above and 10A.1.7 below. In addition, a large-scale BESS site plan review or special permit application submitted under this section shall be prepared by a Massachusetts licensed professional engineer and/or a registered land surveyor, or other appropriate design professional as applicable. The site plan application or special permit application shall include the following components and information, as well as all applicable components and information set forth section 10A.1.5 of this ordinance:

•

An existing conditions plan with property lines and physical features, including topography and roads, characteristics of vegetation (trees- mature, old growth, shrubs, open field, etc.), wetlands, streams, ledge, for the project site.

•

Proposed changes to the landscape of the site, including grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures, driveways, snow storage, and storm water management systems; including total acreage of disturbed area, total vegetation cleared, not including mowed fields.

•

Trees with a DBH of 20 inches or greater within project parcel(s) shall be identified to determine tree loss, along with inventorying of diseased or hazard trees slated to be removed due to proposed development.

•

Property lines and physical dimensions of the subject property with contour intervals of no more than ten feet.

•

Property lines of adjacent parcels within 30 feet.

•

Location, dimensions, and types of existing major structures on the property.

•

Location of the proposed battery energy storage structures, foundations, and associated equipment.

•

The right-of-way of any public road that is contiguous with the property.

•

Any overhead or underground utilities.

•

Locations of active farmland and prime farmland soils, wetlands, permanently protected open space, Priority Habitat Areas and BioMap 2 Critical Natural Landscape Core Habitat mapped by the Natural Heritage and Endangered Species Program (NHESP) and "Important Wildlife Habitat" mapped by the DEP.

•

Locations of floodplains or inundation areas for moderate or high hazard dams.

•

Locations of local or National Historic Districts.

10A.1.7 Accompanying documents. The BESS site plan review or special permit application shall be accompanied by the following narrative information:

1.

Schematics.

a.

Schematic or blueprints of the battery energy storage system signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts showing the proposed structures.

b.

Schematic or outline electrical diagram showing proposed battery energy storage system, associated components and electrical interconnection methods, all with NEC compliant disconnects and overcurrent devices.

c.

Description of the major system components to be used including the container dimensions, inverters, transformers and switchgear.

2.

Compliance documents.

a.

A description of financial surety that satisfies subsection 10A.1.12.3.a of this section.

b.

Proof of liability insurance that satisfies subsection 10A.1.12.3.a of this section.

c.

Proof of liability insurance that satisfies subsection 10A.1.12.3.c of this section.

e.

Name, address, and contact information for:

i.

Proposed system installer.

ii.

The landowner.

iii.

The project proponent, as well as all co-proponents.

iv.

Any agents representing the applicant.

f.

Evidence of utility notification that satisfies subsection 10A.1.10.2 of this section.

g.

A description that verifies the system and its associated controls and safety systems are in compliance with the uniform code.

10A.1.8 General design standards and BESS site plan review or special permit application criteria. The following criteria shall be considered by the city departments in the review and evaluation of the site plan review or special permit application:

1.

The construction and operation of all large-scale BESS installations shall be consistent with all applicable local, state, and federal requirements, including but not limited to all applicable safety, construction and building, zoning, health, fire, electrical and communications requirements.

2.

Design standards, landscape, and open space.

a.

Screening. A battery energy storage system shall be screened, to the extent possible, from abutting properties.

b.

General. Screening shall have views minimized from adjacent properties to the extent reasonably practicable using architectural features, earth berms, landscaping, or other screening methods that will harmonize with the character of the property and surrounding area without interfering with ventilation or exhaust ports. When a screen consists of plant materials, said materials shall provide screening at the time of planting and be of a type that will be expected to form a year-round, dense screen.

c.

Abutting residential uses. When such facility is directly abutting existing residential uses, such screening shall consist of:

i.

Architectural features, vegetation or fencing,

ii.

An applicant may request a waiver to reduce such buffer requirements in such instances as it is determined to not have a detrimental effect to the abutters.

d.

Abutting nonresidential uses including public accepted streets. Screening as determined to be adequate in the form of architectural features, vegetation or fencing.

e.

Fencing requirements. Large-scale BESS installations, including all mechanical equipment, shall be enclosed by a seven-foot-high fence with access provided to emergency response personnel, including but not limited to the fire department, police department, board of health, and HG&E.

f.

Setbacks. Large-scale BESS installations shall comply with the setback requirements of the underlying zoning district for principal structures.

g.

Height. Large-scale BESS installations shall comply with the building height limitations for principal structures of the underlying zoning district.

h.

Lighting. Lighting shall be consistent with local, state and federal law and shall further be directed downward and shall incorporate full cut-off fixtures to reduce light pollution. Lighting of other parts of the installation such as appurtenant structures shall be limited to that required for safety and operational purposes and shall be shielded from abutting properties.

i.

Signage. Signs on large-scale BESS installations shall comply with the requirements of the city's sign ordinance, section 6.4, signs, and shall be limited to:

i.

Those necessary to identify the owner, provide a 24-hour emergency contact phone number, and warn of any danger or special hazards.

ii.

Educational signs providing information about the facility and the benefits of renewable energy.

iii.

Large-scale BESS installations shall not be used for displaying any advertising signage, except for any labeling or identification by the manufacturer and/or operator of the battery energy storage system.

iv.

As required by the NEC, disconnect and other emergency shut-off information shall be clearly displayed on a light reflective surface.

j.

Utilities. Reasonable efforts shall be made to locate utility connections for BESS installations underground, depending on appropriate soil conditions, shape and topography of the site and any requirements of HG&E. All BESS installations shall conform to the requirements of the interconnection agreement and/or such further requirements as may be promulgated from time to time, as appropriate and as approved by the connecting utility.

k.

Appurtenant structures. All such appurtenant structures, including but not limited to, equipment shelters, storage facilities, and transformers, shall be architecturally compatible with each other. Structures should be screened from view by vegetation and/or joined or clustered to avoid adverse visual impacts. Appurtenance structures shall meet the regulations for accessory structures as found in section 4.4 of the zoning ordinance.

l.

Unauthorized access. All BESS shall be designed to prevent unauthorized access in compliance with any and all federal, state and local regulations. Electrical equipment shall be locked where possible. Video surveillance cameras shall be oriented in such a fashion so as to minimize capturing activity outside the battery energy storage system.

3.

Environmental standards.

a.

Land clearing. Clearing of natural vegetation shall be limited to what is necessary for the construction, access to, operation and maintenance of the battery energy storage system or otherwise prescribed by applicable laws, regulations and ordinances.

b.

Areas within ten feet on each side of large-scale BESS installations shall be cleared of combustible vegetation and other combustible growth. Single specimens of trees, shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground covers shall be permitted to be exempt provided that they do not form a means of readily transmitting fire.

c.

Rare and endangered species. The applicant shall provide evidence of compliance with the Massachusetts Endangered Species Act and requirements of the Commonwealth of Massachusetts, Natural Heritage and Endangered Species Program (NHESP); as applicable.

d.

Wetlands. The applicant shall provide evidence of compliance with the Massachusetts Wetlands Protection Act, the Massachusetts Rivers Protection Act and the City of Holyoke Wetlands Protection Ordinance, The applicant shall file a request for determination of applicability (RDA) with the conservation commission if any portion of the project activities fall within a regulated wetland resource area or associated buffer zones.

e.

Stormwater. The applicant shall demonstrate compliance with all local, state, and federal stormwater management laws and regulations.

f.

The applicant shall provide evidence that environmental features of the site are protected, and surface runoff will not cause damage to surrounding properties or increase soil erosion and sedimentation of nearby streams and ponds.

10A.1.9 Action by the planning board.

1.

Site plan review and special permit application reviews shall be conducted in accordance with the notice, hearing and filing procedures set forth in M.G.L.A. c. 40A for special permits, except as otherwise set forth in this section 10A. After considering the criteria set forth in this section 10A.1.9, the planning board may approve, approve with modifications, or disapprove the site plan application or special permit application or grant leave to withdraw, approval may be subject to any conditions, modifications and/or restrictions as the planning board may deem reasonably appropriate to safeguard the city or neighborhood, including, but not limited to, screening, lighting, noise, fences; modification of the exterior appearance of electrical cabinets, battery storage systems, or other structures; limitation upon system size; and means of vehicular access or traffic features. Leave to withdraw or disapproval by the planning board must be supported by written findings.

2.

Findings. The planning board may approve an application if the board finds that the system complies with the site plan review and approval or special permit approval criteria and with the conditions for granting special permits as set forth in section 10A.1.8 above, and more generally within this zoning ordinance.

10A.1.10 Commissioning. All conditions of site plan approval or special permit issuance, if any, must be met and in compliance prior to final commissioning. Prior to commissioning, energy storage systems may request HG&E to energize the energy storage system to perform testing after receiving local wiring inspector approval. A letter of project completion from the building commissioner will be required prior to final commissioning. If found non-compliant with conditions of site plan review or special permit after commissioning, and after notifying the system owner and allowing reasonable time to correct the issue, the planning department may request the local electric utility to disconnect the BESS if directly connected to electric grid.

10A.1.11 Monitoring and Maintenance.

1.

Facility conditions. The applicant shall maintain the BESS installation in good condition. Maintenance shall include, but not be limited to, vegetation upkeep, structural repairs and the integrity of security measures. Site access shall be maintained to a level acceptable to the local fire chief, police department, board of health, HG&E, and building department. The project and property owner shall be responsible for the cost of maintaining the BESS and any access road, unless accepted as a public way, and the cost of repairing any damage as a result of operation and construction. The project and property owner shall also be responsible for ensuring that the BESS does not at any time lower the quality of service supplied to nearby customers or cause safety problems to the interconnected electrical grid.

2.

Modifications. All material modifications to an approved large-scale BESS installation, other than regular maintenance, made after issuance of the site plan review approval or special permit issuance will be required to come back to the planning board for review and approval prior to their implementation and file as a site plan review amendment or special permit amendment. Significant changes to the original approved plan as determined by the planning board will require public notice of the proposed amendments to be heard before the planning board as a public hearing and be advertised at the cost of the applicant. All amendment notice of decisions shall be recorded at the Hampden County Registry of Deeds and a copy (PDF) shall be submitted to the planning department.

3.

Emergency operation plans. A copy of an approved emergency operations plan (EOP) shall be given to the local fire department, local fire code official, police department, building department, board of health, and HG&E. A permanent copy shall also be placed in an approved location to be accessible to facility personnel, fire code officials, and emergency responders. The EOP shall include the following information:

a.

Procedures for safe shutdown, de-energizing, or isolation of equipment and systems under emergency conditions to reduce the risk of fire, electric shock, and personal injuries, and for safe start-up following cessation of emergency conditions.

b.

Procedures for inspection and testing of associated alarms, interlocks, and controls.

c.

Procedures to be followed in response to notifications from the alarms that could signify potentially dangerous conditions, including shutting down equipment, summoning service and repair personnel, and providing agreed upon notification to fire department personnel for potentially hazardous conditions in the event of a system failure.

d.

Emergency procedures to be followed in case of fire, explosion, release of liquids or vapors, damage to critical moving parts, or other potentially dangerous conditions. Procedures can include sounding the alarm, notifying the fire department, evacuating personnel, de-energizing equipment, and controlling and extinguishing the fire.

e.

Response considerations similar to a safety data sheet (SDS) that will address response safety concerns and extinguishment when an SDS is not required.

f.

Procedures for dealing with battery energy storage system equipment damaged in a fire or other emergency event, including maintaining contact information for personnel qualified to safely remove damaged battery energy storage system equipment from the facility.

g.

Other procedures as determined necessary by the Holyoke Fire Department, police department, board of health, building department, and HG&E to provide for the safety of occupants, neighboring properties, and emergency responders.

10A.1.12 Change in ownership. If the owner and/or operator of a large-scale BESS facility changes, notice shall be given to the city clerk and planning board with the contact information of the new owner/operator within one month of the change in ownership and/or operations. Said change of owner and/or operator shall be subject to approval by the planning board by a supermajority vote of the full planning board.

10A.1.13 Abandonment or decommissioning.

1.

Removal requirements. Any large-scale BESS which has reached the end of its useful life or has been abandoned consistent with subsection 10A.1.13.2 of this section shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the planning board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:

a.

Physical removal of battery energy storage system, including structures, equipment, security barriers and electrical lines from the site.

b.

Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.

c.

Stabilization or re-vegetation of the site as necessary to minimize erosion. The planning board may allow the owner or operator to leave landscaping, designated below-grade foundations or service roads in order to minimize erosion and disruption to vegetation.

d.

An inspection of the completed decommissioned area shall be reviewed by a consultant hired by the planning board before approving the decommissioning work in accordance with the decommissioning plan. The owner and/or operator shall pay for the cost of this review with such payment being provided by the owner and/or operator prior to the consultant undertaking said review, in accordance with M.G.L.A. c. 44, § 53G.

2.

Abandonment. Absent notice of a proposed date of decommissioning, the large-scale BESS installation shall be considered abandoned when the facility fails to operate for more than one year without written consent of the planning board by a supermajority vote of the full planning board. The board shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the large-scale BESS in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the city, through its various departments, shall have the authority to enter the property and physically remove the facility.

3.

Financial surety.

a.

The planning board shall require the applicant for a BESS to provide a form of surety, either through escrow account, bond or otherwise, to cover the estimated cost of removal in the event that the city must remove the facility, of an amount and form determined to be reasonable by the planning board, but in no event to exceed more than 125 percent of the estimated cost of removal and compliance with the additional requirements set forth herein, as reasonably determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for inflation.

b.

The financial surety provided by the applicant shall include a surety in the amount of the estimated cost of the landscaping improvements, which surety may be used by the city in the event the landscaping is not completed as approved.

c.

Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.

10A.1.14 Severability. If any provision of this section 10A is found to be invalid by a court of competent jurisdiction, the remainder of this zoning ordinance shall not be affected but remain in full force. The invalidity of any provision of this zoning ordinance shall not affect the validity of the remainder of the Holyoke Zoning Ordinance.

(Ord. of 12-5-23 [173rd amd.], § 1)