Methuen City Zoning Code
ARTICLE XII
Site Plan Approval
§ 12.1 Purpose and intent.
The purpose and intent of this site plan approval article of the Zoning Ordinance is to:
§ 12.2 Applicability.
Application for a site plan approval shall be required for:
A.
The construction of, addition to and/or alteration of any building in excess of 5,000 gross square feet, but shall not apply to single- and two-family residential structures.
B.
The construction of two or more nonresidential buildings, regardless of the size of the buildings, on the same lot.
C.
The reduction of front yard setbacks to zero in the Central Business District.
D.
The development of existing lots under 4,000 square feet in the Central Business District which have been recorded and established prior to the adoption of this Zoning Ordinance.
E.
The construction or addition of any drive-through facility on any existing building or as a standalone structure or as part of any new building and the construction of any standalone kiosk.
F.
The construction of a multifamily dwelling.
G.
The construction of a day-care center.
§ 12.3 Procedural requirements.
A.
Application.
(1)
Applicants for site plan approval shall submit to the Community Development Board an application in accordance with the rules and regulations governing site plan review of the Community Development Board.
(2)
In addition to the information required above and that which is required by the rules and regulations, the Community Development Board may require the completion of traffic impact studies, drainage basin studies and review by the Commonwealth of Massachusetts.
(3)
Whenever outside lighting is proposed, every application shall be accompanied by a lighting plan which shall show:
(a)
The location and type of any outdoor lighting luminaires, including the height of the luminaire;
(b)
The luminaire manufacturer's specification data, including lumen output and photometric data showing cutoff angles;
(c)
The type of lamp, such as: metal halide, compact fluorescent, high-pressure sodium;
(d)
A photometric plan showing the intensity of illumination at ground level, expressed in footcandles; and
(e)
That light trespass onto any street or abutting lot will not occur. This may be demonstrated by manufacturer's data, cross-section drawings or other means.
B.
Procedures.
(1)
As to "as of right" uses, the applicant for such site plan approval shall apply for and receive approval of the site plan prior to applying for building permits on such project. As to uses requiring special permit approval by the Community Development Board, the applicant for such site plan shall apply for the special permit simultaneously with the site plan approval. This provision shall likewise apply to a nonresidential subdivision where approval is sought from the Community Development Board.
(2)
As to uses requiring special permit approval by the Zoning Board of Appeals, be they nonconforming use changes, special permits or variances, the applicant shall obtain such Zoning Board of Appeals permit or variance prior to applying for a site plan approval and shall further, in this instance, not apply for building permits until such site plan approval is granted.
C.
Approval. Site plan approval shall be granted upon determination by the Community Development Board that the plan meets the following objectives. The Community Development Board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. Additionally, the Community Development Board may require the applicant to provide a traffic study and/or drainage calculations to be provided to the Community Development Board in order that it may review the project in light of the standards hereunder. 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 Community Development Board's Subdivision Rules and Regulations. New building construction or other site 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:
(1)
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;
(2)
Maximize pedestrian and vehicular safety both on the site and egressing from it;
(3)
Minimize obstruction of scenic views from publicly accessible locations;
(4)
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;
(5)
Minimize glare from headlights and lighting intrusion;
(6)
Minimize unreasonable departure from the character, materials and scale of buildings in the vicinity, as viewed from public ways and places;
(7)
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;
(8)
Ensure compliance with the provisions of this Zoning Ordinance, including parking and landscaping;
(9)
Ensure compliance with the Massachusetts Department of Environmental Protection Stormwater Policy.
D.
Waivers. If certain rules or regulations are determined inappropriate or unnecessary to particular applications, the applicant may request waiver of strict compliance and the Board may so waiver.
E.
Restrictions. Nothing herein shall be interpreted to grant the Board authority to make a determination as to use relative to the site plan approval process, and such determination shall be limited to the approval, approval with modifications or disapproval of a site plan as it relates to the placement of buildings, provisioning of waste disposal, surface drainage and parking areas, driveways, buffer zones and the location of intersections of driveways and streets.
F.
Revisions to the approved site plan.
(1)
Any revision to a development that has secured site plan approval shall be submitted to the Community Development Department Director for review. No revisions shall be approved until the Community Development Department Director has received three copies of the revised plan and unless the revisions fall into one of the following categories:
(a)
Changes of location and layout of parking area(s), signs and storage or accessory buildings, provided they are in conformance with City ordinances;
(b)
Changes in the landscaping plan, provided they are in conformance with City ordinances;
(c)
Changes in the existing and proposed lighting plan, provided they are in conformance with City ordinances;
(d)
Changes in the location of waste/refuse storage facilities, provided they are in conformance with City ordinances and Board of Health regulations; and
(e)
Changes of egress and ingress, provided they are in conformance with City ordinances and the requirements of the Commonwealth of Massachusetts.
(2)
If approved by the Director of Economic and Community Development, the Community Development Board may grant the revisions cited above without further review. All such revisions shall be reported to the Board as soon as practicable after approval. The Director of Economic and Community Development may determine that the revisions as shown do not fall into the categories outlined above, and that the revisions are in fact substantial and call for material changes in the site plan affecting the type, location and manner of the facilities and site improvements to be constructed and shown in the approved site plan.
(3)
If the revisions are determined by the Director of Economic and Community Development to be substantial and materially different, the Director of Economic and Community Development shall direct the applicant to resubmit the revised site plan to the Community Development Board in accordance with the provisions of this section.
§ 12.4 Lapse.
Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Community Development Board upon the written request of the applicant.
§ 12.5 Regulations.
The Community Development Board may adopt reasonable regulations for the administration of site plan review.
§ 12.6 Fees.
The Community Development Board may adopt reasonable administrative fees and technical review fees for site plan review.
§ 12.7 Appeals.
Any decision of the Community Development Board pursuant to this section shall be appealed in accordance with MGL c. 40A, § 17 to a court of competent jurisdiction.
§ 12.8 Authority.
A.
The term "Board", as used herein, for the purpose of the site plan approval process shall mean the Community Development Board of the City of Methuen; such site plan approval process to be utilized as an administrative tool and a review tool and to ensure compliance with all applicable ordinances, rules and regulations of the City of Methuen.