Marion City Zoning Code
ARTICLE IX
Site Plan Review and Approval
§ 230-9.1 Applicability; minor and major site plan review.
[Amended 6-18-1990 STM by Art. 15; 3-10-1997 STM by Art. S12]
A.
No permit to build, alter or expand any nonresidential building, structure or use of land in any district where such construction shall exceed a total gross floor areas of 500 square feet or require changes or alterations to a parking area shall be issued by the Building Commissioner until he or she shall have received from the Planning Board a written statement of site plan approval by the Planning Board in accordance with the provisions of this section. A building wholly or partially destroyed may be rebuilt without recourse to this section if rebuilt without change to the building footprint or the square footage of usable space.
(1)
Pursuant to the provisions of § 230-2.1, all new uses and changes of use require a use permit issued by the Building Commissioner.
(2)
The Building Commissioner shall enforce the fulfillment of any conditions which the Planning Board may impose. This section shall not include signs or normal maintenance.
B.
Minor site plan review. Applications for permits to build, alter or expand any nonresidential building, structure or use in any district where such construction will exceed a total gross floor area of 500 square feet but not exceed a total gross floor area of 2,000 square feet, or will not generate the need for more than 10 parking spaces, or result in residential development of more than four dwelling units of multifamily residence (see § 230-5.3), shall require minor site plan review. For the purposes of computing the total gross floor area, the Planning Board shall aggregate all such applications made within the five previous calendar years. The following information shall constitute the submittal of a minor site plan for review:
[Amended 5-8-2017 ATM by Art. 35]
(1)
All of the information set forth in § 230-9.11A; provided, however, that the scale of the site plan may be one inch equals 80 feet; the plan may depict topographical contours at intervals available on maps provided by the United States Geological Survey, and the plan need not provide the information set forth in Subsection A(1)(k) of said section.
[Amended 10-21-2019 STM by Art. 20]
C.
Major site plan review. Applications for permits to build, alter, or expand any nonresidential building, structure or use in any district where such construction will exceed a total gross floor area of 2,000 square feet, or generate the need for more than 10 parking spaces, shall require major site plan review. For the purposes of computing the total gross floor area, the Planning Board shall aggregate all such applications made within the five previous calendar years. The following information shall constitute the submittal of a major site plan for review: all of the information set forth in §§ 230-9.4 and 230-9.11 in their entirety and §§ 230-9.6 and 230-9.12, if applicable.
§ 230-9.2 Select Board or Board of Appeals referrals.
[Amended 3-10-1997 STM by Art. S12; 10-19-2021 STM by Art. 6]
When in accordance with § 230-7.1B of this bylaw, the Select Board or the Board of Appeals shall refer an application for a special permit to the Planning Board for review and comment, the Planning Board's written report to the Select Board or the Board of Appeals shall include, but not be limited to, all of the findings and determinations the Planning Board would make in reviewing a site plan under this section to the extent they are applicable to the information contained in the application for special permit. To the extent feasible, the Board of Appeals and the Select Board shall coordinate the submittal requirements for special permits under their jurisdiction with the Planning Board's submittal requirements for minor and major site plans, as set forth herein.
§ 230-9.3 Grounds for denial of application.
The Planning Board may reject an application for site plan approval for the following reasons:
A.
Noncompliance with Zoning Bylaw.
B.
Incomplete application, including the application form, the accompanying site plan maps and supporting documentation, or the application fee as requested by the Planning Board.
C.
The site plan is so intrusive on the needs of the public in one regulated aspect or another that rejection by the Board would be tenable because no form of reasonable conditions can be devised to satisfy the problem with the plan.
[Amended 3-10-1997 STM by Art. S12]
§ 230-9.4 Standards for review.
[Amended 6-18-1990 STM by Art. 15; 4-22-1996 ATM by Art. 29; 3-10-1997 STM by Art. S12]
A.
Site plan approval is designed to provide a balance between a landowner's rights to use his land with the corresponding rights of abutters and neighboring landowners to live or operate businesses without undue disturbance (e.g., noise, congestion, smoke, dust, odor, glare, stormwater runoff, etc.).
B.
Additional objectives include the preservation of the natural resources of the Town; the creation of a better and safer living environment and the enhancement of Marion's man-made resources, including the Town's architectural and historic heritage.
C.
Site plan approval shall be granted upon a determination by the Planning Board that the following considerations have been reasonably addressed by the applicant. The Planning Board may impose reasonable conditions, at the expense of the applicant, to secure this result. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board's Subdivision Rules and Regulations.[1]
(1)
New building construction or other alteration shall be designed in the site plan, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points and other aspects of the development, so as to:
(a)
Minimize the volume of cut and fill, the number of removed trees six inches' caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion and threat of air and water pollution;
(b)
Maximize pedestrian and vehicular safety both on the site and egressing from it;
(c)
Minimize obstruction of scenic views from publicly accessible locations;
(d)
Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;
(e)
Minimize glare from headlights through plantings or other screening; minimize lighting intrusion through use of such devices as cut-off luminaries confining direct rays to the site, with fixture mounting not higher than 20 feet;
(f)
Minimize unreasonable departure from the character and scale of building in the vicinity, as viewed from public ways;
(g)
Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances.
(2)
All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and roadways.
(3)
Individual buildings shall be related to each other in design, masses, materials, placement, and connections to provide a visually integrated development. Buildings should be separated by a minimum of 30 feet or the height of the taller building, whichever is greater.
(4)
Treatment of the sides and rear of all buildings shall be comparable in amenities and appearance to the treatment given street frontages of these same buildings.
(5)
All buildings shall be oriented so as to ensure adequate light and air exposure to the rooms within.
(6)
All buildings shall be arranged so as to avoid undue exposure to concentrated parking facilities wherever possible, and shall be oriented to preserve visual and audible privacy between adjacent buildings.
(7)
All buildings shall be arranged to be accessible to emergency vehicles.
(8)
All areas proposed to satisfy usable open space requirements shall be of a size, shape, soil characteristic, and slope suitable for the intended use.
(9)
Where common open space is to be provided, the organization proposed to own and maintain the open space shall include provisions which recognize the right of the Town of Marion to enforce the maintenance of common open space in reasonable order and condition and to assess property owners for the cost of such maintenance in the failure of the organization to maintain the common open space. Such assessment shall become a lien on the properties.
§ 230-9.5 Pre-submission conference.
[Amended 6-18-1990 STM by Art. 15]
A.
Before submitting a site plan, an applicant shall meet informally with the Planning Board at a public meeting to review the information the applicant must submit and determine the required filing fee. At this meeting, the applicant shall request a written determination by the Planning Board of the amount of the filing fee and the need for and/or scope of an environmental assessment as described in § 230-9.6 below. The Planning Board shall advise the applicant in writing of the amount of the filing fee, the need for and/or scope of an environmental assessment, and any exceptions with respect to the site plan details under § 230-9.11 within 22 days of the pre-submission meeting. Any technical services required to assist the Planning Board in preparing its written response shall be included as part of the application fee under § 230-9.15.
[Amended 4-29-2003 STM by Art. S5]
B.
The applicant shall also notify the Tree Warden and Building Commissioner prior to any plan submission.
[Added 5-16-2006 ATM by Art. 21]
C.
The Planning Board may, taking into consideration the size and impact of the proposed project, waive any of the requirements in this section.
§ 230-9.6 Environmental assessment scope.
A.
An environmental assessment shall be prepared in all applications for site plan review within the Water Supply Protection District. An environmental assessment shall be prepared in support of all other development requiring site plan review, except that the Planning Board, as part of a pre-submission conference as described in § 230-9.5 above, may decide that the project is not of a size or nature requiring an environmental assessment or may scope an environmental assessment focusing on one or more significant impacts and advise the applicant of its decision in writing within 14 days of the pre-submission conference. The purpose of the environmental assessment is to assist the Planning Board in determining if the standards for review can be achieved.
B.
An applicant is encouraged to submit the suggested outline of an environmental assessment for review by the Planning Board during a pre-submission meeting.
C.
The environmental assessment, except as may be modified by the Planning Board following a pre-submission conference meeting, must be prepared by recognized professionals; the name, education, disciplines and experience of the professionals shall be included in the environmental assessment report.
D.
The environmental assessment shall include an evaluation of all influences, both positive and negative, which can be expected to impact the natural and man-made environment in the vicinity of the proposed project. Both direct and indirect impacts shall be evaluated.
E.
Methods designed to mitigate and, where appropriate, monitor the impacts shall be proposed; the party responsible for implementing the mitigating measures shall be identified.
F.
Where applicable and where acceptable to the Planning Board, an environmental impact report scoped and submitted in compliance with the Massachusetts Environmental Policy Act may be submitted in satisfaction of all or portions of the requirements under this section.
G.
The environmental assessment should assemble relevant material facts, identify the essential issues to be decided, evaluate all mitigating measures and reasonable alternatives, and make findings and conclusions. It should be concise and analytical, not encyclopedic.
H.
The following elements of a typical environmental assessment are identified to provide guidance and assistance to site plan applicants and the Planning Board in scoping an environmental assessment:
(1)
A concise description of the proposed project, including its purposes and need.
(2)
A concise description of the environmental setting of the area to be affected; sufficient to understand effects of the proposed project and alternatives.
(3)
A statement of the important environmental impacts of the proposed project, including short- and long-term effects, and typical associated environmental effects.
(4)
An identification and brief discussion of any adverse environmental effects which cannot be avoided if the proposed project is constructed.
(5)
A description and evaluation of reasonable alternatives to the project which would achieve the same objectives.
(6)
An identification of any irreversible and irretrievable commitments of resources which would be associated with the project should it be constructed.
(7)
A description of mitigation measures to minimize the adverse environmental impacts.
(8)
A description of any growth-inducing aspects of the project where applicable and significant.
(9)
A list of any underlying studies, reports, and other information obtained and considered in preparing the environmental assessment.
§ 230-9.7 Application filing; Site Plan Review Manual.
A.
An applicant for site plan approval shall file with the Planning Board copies of an application and a site plan, and a filing fee as required by the Planning Board. The Planning Board shall acknowledge receipt of the application and site plan by providing the applicant a form on which the date of receipt is noted. Concurrently, the applicant shall file a copy of the application and site plan with the Town Clerk. Such application and site plan shall include the elements on which the Planning Board is to make findings and determinations as provided in this section, and shall also include information as to the nature and extent of the proposed use of buildings, and such further information as the Planning Board shall reasonably require by rule or regulation in a Site Plan Review Manual. Applications for a building permit shall not be filed prior to having received site plan approval under the provisions of this bylaw. In subsequent applications concerning the same subject matter, the Planning Board may waive the filing of plans and documents to the extent they duplicate those previously filed.
B.
The Planning Board may, following a duly advertised public hearing, adopt or amend the Site Plan Review Manual to provide further guidance to both applicants and the Planning Board in the preparation, review and approval of site plan approval applications. Copies of the adopted manual shall be filed with the Town Clerk.
§ 230-9.8 Relationship to Subdivision Regulations. [1]
Site plan approval issued hereunder by the Planning Board shall not be a substitute for compliance with the Rules and Regulations Governing the Subdivision of Land in Marion or the Subdivision Control Law as they may apply to an application submitted hereunder. The Planning Board, by granting site plan approval, is not obligated to approve any definitive plan nor reduce any time periods for the Planning Board's consideration under the Subdivision Control Law. In order to facilitate processing, the Planning Board may accept a combined plan and application which shall satisfy this section, the Rules and Regulations Governing the Subdivision of Land in Marion, and the Subdivision Control Law.
§ 230-9.9 Referrals to Town boards and commissions.
A.
The Planning Board shall, within five days of receipt of the site plan application, transmit two copies of the application and site plan to the following Town committees, departments, commissions, and boards for review and comment: Conservation Commission, Board of Health, Department of Public Works, Building Commissioner, Marine Resources Commission, Fire Chief, and Police Chief, as appropriate. Other committees, departments and commissions may be requested to review site plan applications and site plans if the Planning Board feels such review will help in its deliberations.
B.
If the Planning Board determines that the site plan application is not complete, it may so advise the applicant to avoid delays to the applicant due to the anticipated disapproval of an incomplete submission.
C.
The Conservation Commission and other agencies designated by the Planning Board shall consider the same and submit a final report thereon with recommendations to the Planning Board. The Conservation Commission shall review the application with particular reference to the Wetlands Protection Act and shall recommend as to the advisability of granting the site plan approval and as to the restrictions which should be imposed upon the development as a condition of such permit.
D.
The Planning Board shall not make a finding and determination upon an application until it has received the final report of the Conservation Commission and/or other agencies designated by the Planning Board thereon, or until 21 days shall have elapsed since the transmittal of said copies of the application and site plan to the Conservation Commission and other agencies designated by the Planning Board without such report being submitted. Failure of a commission or agency to submit a report within the allotted time shall be interpreted as non-opposition to the submitted site plan.
§ 230-9.10 Procedures and decision.
[Amended 6-18-1990 STM by Art. 15; 4-25-1994 STM by Art. 27; 3-10-1997 STM by Art. S12; 11-13-2000 STM by Art. S5; 4-29-2003 STM by Art. S7; 11-3-2003 STM by Art. S20]
A.
Uses as of right. For uses "as of right," the Planning Board shall provide notice of its decision on major and minor site plans to the applicant within 60 days of its receipt of the application. That period may be extended by written request of the applicant. The decision of the Planning Board shall be based on a majority of those present and shall be in writing. The Building Commissioner shall not issue a building permit without the written approval of the site plan by the Planning Board, unless 60 days have elapsed from the date of the submittal of the site plan without action taken by the Planning Board.
B.
Uses available by special permit. For special permits, the Planning Board shall provide notice of its decision to the special permit granting authority within 45 days of its receipt of the application. That period may be extended by written request of the applicant. The decision of the Planning Board shall be based upon a majority of those present and shall be in writing. The Building Commissioner shall not issue a building permit without the written approval of the site plan by the Planning Board, unless 45 days have elapsed from the date of the submittal of the site plan without action taken by the Planning Board; however, no site plan review shall be required for single-family or two-family uses. Where the Planning Board approves a site plan with conditions and amendments subject to a special permit, the conditions imposed by the Planning Board shall be incorporated into the issuance, if any, of a special permit by said granting authority.
C.
Decision.
(1)
The Planning Board may make the following determinations with regard to a site plan:
(a)
The Planning Board shall approve an application if it finds that the proposed development is in conformance with this bylaw, after considering whether the proposed plan will comply, to the extent feasible, with the standards set forth in § 230-9.4. In granting approval of an application, the Planning Board may impose conditions, limitations and safeguards that shall be in writing and shall be a part of the approval; or
(2)
In the event the Planning Board approves a site plan application under these provisions, any construction, reconstruction, substantial exterior alteration or addition shall be built or altered in conformity with any conditions, modifications and restrictions the Board shall have made in its findings and determination and as set forth in the application and site plan.
(3)
No permit, or any extension, modification or renewal thereof, issued pursuant to this section shall take effect until the Town Clerk certifies that 20 days have elapsed and no appeal has been filed or that such appeal has been dismissed or denied.
D.
Minor changes to approved plan. Minor changes to the approved site plan may be submitted to the Building Commissioner for approval. All requests for minor change shall, within one business day of receipt, be referred to the Planning Board which, at its next regular meeting, shall evaluate the proposed changes against its previous findings to determine if it is major or minor. The Planning Board shall advise the Building Commissioner of its decision within two business days of that meeting. If the change is determined to be minor by the Planning Board, the Building Commissioner is authorized to either approve or to disapprove the change. If the change is determined to be major by the Planning Board, resubmission of an application for site plan review and approval under Article IX shall be required.
E.
Duration. The approval of a site plan application, or modification or amendment thereof, shall remain effective for a period of two years from the date of filing the decision with the Town Clerk, unless, prior to the expiration of the two-year period, the applicant makes substantial efforts to construct or develop in accordance with the approved site plan, or, upon a written request from the applicant, the Planning Board votes to extend the time period for a period not to exceed one additional year.
F.
If use permit required. A site plan review and approval decision shall not constitute a special permit where such special permit is required to establish or undertake a use.
§ 230-9.11 Site plan details.
[Amended 6-18-1990 STM by Art. 15; 4-26-2005 ATM by Art. 33]
Each applicant shall provide 19 paper copies, or a combination of paper and downloadable electronic copies, as determined by the Planning Board, of the proposed site plan of the tract for each application for the site plan approval. Site plans shall include the following information, unless specifically waived by a vote of the Planning Board:
A.
Site plan.
(1)
General information.
(a)
Date of site plan and date of each subsequent revision.
(b)
The title, scale and block for the plan and the Assessors' lot and plan number of the site.
(c)
An arrow indicating North.
(d)
The name and address of the owners and/or applicant; the president and secretary, if the applicant or owner is a business entity.
(e)
The zoning boundaries and property lines within 100 feet, lot reservations, easements, rights-of-way and public grants or easements.
(f)
Public and private ways and driveways, with the name of said ways indicated on the plan.
(g)
A key showing the locus of the parcel(s).
(h)
Existing site condition contours at intervals of two feet for slopes between 3% and 15%; five-foot intervals for slopes greater than 15%. All existing grades shall be indicated with dashed lines and finished grades shall be indicated with solid lines.
(i)
Location of existing erratics, soil types, high points, vistas, depressions, water bodies, wetlands, floodplain designations, wooded areas and major trees (twelve-inch caliper or over) and other significant existing features, including previous flood elevations of watercourses, and wetlands, as determined by survey.
(j)
Location of existing structures that shall remain and all other existing structures, such as walls, fences, culverts, bridges, as well as roadways, with spot elevations. Structures to be removed shall be indicated in dashed lines.
(k)
All structures and any significant topography within 50 feet of the property lines shall be indicated.
(l)
The acreage of the tract(s) to the nearest 1/10 of an acre shall be indicated.
(m)
A signature block for the Chairman shall be provided.
(n)
The plan shall be stamped by the engineer or surveyor who prepared the plan.
(o)
Any areas that fall within the one-hundred-year floodplain or a Velocity (VE or V) Zone shall be shown with base elevations.
(2)
Buildings and structures.
(a)
The proposed uses and layout of proposed and improved structures, including square footage of each use, as well as the totals for each structure.
(b)
Elevations for all sides of proposed or improved structure.
(c)
The location of solid waste bins and containers, including screening details.
(d)
The location of all signs, existing and proposed.
(e)
Height of buildings, including relationship to existing and proposed grades and sketches, as appropriate, to indicate the visual impact on the community.
(f)
The locations, housing type and density of land use to be allocated to parts of the site to be developed.
(3)
Landscaping. A plan showing all existing natural features, trees, forest and water resources and proposed changes to these features, including size and type of plant material. Water resources shall include ponds, lakes, brooks, streams, wetlands, floodplains and drainage retention areas.
(4)
Utilities and drainage.
[Amended 5-19-2008 ATM by Art. 24]
(a)
The location of the proposed stormwater management system components with proposed grading, pipe sizes, invert elevations, and rates of gradient shall be provided. Typical cross sections and elevation details of all stormwater management and collection system components shall also be provided.
(b)
The design of the proposed stormwater management systems and the required stormwater management plan (SWMP) submittals for all site plans, open space development plans and flexible development plans shall comply with the Subdivision Rules and Regulations of the Planning Board[1] and the applicable requirements of the Board of Health and the Conservation Commission.
(c)
Pursuant to MGL c. 41, § 81R, strict compliance with the Subdivision Rules and Regulations may be waived when, in the judgment of the Planning Board, such action is in the public interest, not inconsistent with the Subdivision Control Law, and promotes public health and safety. Requests for waivers shall follow the procedures set forth in § 300-2.8 of the Subdivision Rules and Regulations.
(5)
Traffic and parking.
(a)
All means of vehicular access to and from the site onto any public way shall be indicated and include the size and locations of driveways and curb cuts, traffic channels, acceleration and deceleration lanes, and any additional width or any other device necessary to ease the traffic flow.
(b)
The location and design of any off-street parking areas or loading areas, showing the size and location of bays, aisles, barriers and proposed plantings.
(c)
The total ground coverage by structures and impervious surfaces shall be identified and measured.
(d)
All proposed streets and profiles, including grading and cross sections showing width of roadway and locations and width of sidewalks.
(7)
Illumination. The proposed location, height, direction of illumination, bulb type, power and time of proposed outdoor lighting and methods to eliminate sky glare and glare onto adjoining properties must be shown. Dark sky compliant lighting fixture shop drawings are to be submitted for review, accompanied by a point-to-point photometric analysis.
B.
Additional documents required. In addition to the site plan, the following documents shall also be required, unless waived by the Board:
(1)
Copies of all existing or proposed agreements by which private roads shall be maintained, refuse collected, snow plowed and removed, and other supplementary services shall be provided.
(2)
The applicant shall prepare a circulation study both within the site and as it may affect the surrounding areas, including estimates of total automotive trips generated, peak-hour demand, present and anticipated traffic volumes on adjoining streets, existing street capacities and other elements which may influence and be influenced by the development.
(3)
A traffic impact study conducted as part of an environmental assessment required pursuant to this section shall consider the following:
(a)
Analysis of roadways that may be influenced by the project. These roadways can be considered as adjacent roads and major intersections;
(b)
The analysis shall be completed for the estimated year of completion, or, in the case of phased developments, for the first phase, with the understanding that each phase shall require an independent analysis; and
(c)
Analytical efforts shall consider the following: safety, including accident data, sight distances, roadway conditions, etc.; capacity analysis using Transportation Research Board Report No. 209; existing volumes (traffic counting); site-generated and future traffic; and planned transportation improvements.
(4)
A copy of any covenants, deed restrictions or exceptions that are intended to cover all or any part of the tract;
(5)
All calculations necessary to determine conformance with bylaws and regulations;
(6)
A survey prepared by a Massachusetts licensed surveyor shall accompany the site plan and shall show the boundaries of the parcel and the limits of all proposed streets, recreation and conservation areas and other property to be dedicated to public use;
(7)
The names and addresses of all abutters; and
(8)
Such other information as may be required to show that the details of the site plan are in accordance with applicable standards of the Zoning Bylaw.
§ 230-9.12 Special provisions for phased developments.
A.
In the case of plans which call for development over a period of years, a schedule shall be included in the application showing the proposed times within which each section of the development may be started.
B.
The proponents of a phased development shall include assurances that each phase could be brought to completion in a manner which would not result in an adverse effect upon the Town as a result of termination at that point.
C.
All site plans previously approved by the Planning Board shall be submitted each time a new part or section is submitted for approval.
§ 230-9.13 Preparation of site plans.
[Amended 3-10-1997 STM by Art. S12]
A.
Preparation of major site plan.
(1)
A major site plan shall be prepared by a licensed engineer, landscape architect or architect for general locations except where waived by the Planning Board because of unusually simple circumstances.
(2)
For topographical and boundary survey information, the major site plan shall be signed and sealed by a licensed land surveyor.
(3)
For all elements of design, which shall include drainage, pavements, curbing, walkways, embankments, horizontal and vertical geometries, utilities and pertinent structures, drawings shall be signed by a licensed professional engineer.
B.
Preparation of minor site plan. Minor site plans may be submitted without the assistance of a licensed engineer, surveyor, architect, and/or landscape architect. However, at its first meeting in review of the minor site plan, the Planning Board may instruct the applicant, in writing, to have certain details of the plan prepared in accordance with any or all of the requirements of a major site plan set forth in § 230-9.13A.
§ 230-9.14 Endorsement of site plan.
After approval by the Planning Board and subject to the satisfaction of any conditions of approval, a Mylar or linen print of all approved site plan maps shall be submitted for signature and filing; all information thereon shall be in black India ink.
§ 230-9.15 Application fee.
As part of any application for site plan review, a fee shall be required. This fee is structured to offset directly any expenses the Town or Planning Board incurs in the review of the application. The site plan review fee system is intended to encourage the applicants to submit complete, accurate and thorough applications. Such applications generally cost less to review. In such cases, these rules authorize a refund to the applicant of any unused monies on deposit.
A.
Minimum review fee deposit. A minimum deposit, in an amount established by the Planning Board, shall be submitted at the same time the application and site plan are submitted to the Planning Board. The minimum review fee deposit shall be submitted in check form and made out to the Town of Marion. If, prior to action on the application, the Planning Board finds that the amount of the deposit is not sufficient to cover the actual costs incurred by the Town in its review of the application, the applicant shall be required, upon written notice, to submit forthwith to cover such costs. The Planning Board shall notify the applicant of such additional amounts in writing by certified mail. Failure to submit such additional amounts shall be deemed a violation of these regulations and shall be deemed reason to deny approval of the application. If the actual costs incurred by the Town or Planning Board for the review of the application are less than the amount of the deposit, the Planning Board shall authorize that such excess amount be refunded to the applicant concurrently with Planning Board action on the site plan application.
B.
Costs covered by fee. The review fee shall be applied to all costs associated with the proper review and administration of the site plan application, including, but not limited to, staff time in administration and review of the application, costs for legal notices, advertising costs, and public hearing costs. The Planning Board is authorized to retain professional planners, registered professional engineers, architects or landscape architects, attorneys or other professional consultants to advise the Board on any and all aspects of the site plan. The cost of the advice shall be borne by the applicant.
C.
Planning Board regulations. The Planning Board, following a public hearing, may adopt, and from time to time amend, procedures for establishing fees, including costs for in-house processing and review and the engagement of outside experts.
[Amended 6-18-1990 STM by Art. 15]