Millbury, MA Zoning Ordinance

[Bylaws of 4-1-1978, Art. 40; Bylaws of 5-1-1990, Art. 17; Bylaws 5-7-1991, Art. 30; Bylaws of 5-7-1991, Art. 31; Bylaws 5-5-1992, Art. 31; Bylaws 5-7-2002, Art. 26; Bylaws 5-2-2006, Art. 39; Bylaws 5-2-2006, Art. 40; Bylaws 5-2-2006, Article 41; 5-2-2006 A.T.M.; Bylaws 5-6-2008, Art. 35, Art. 36; Bylaws 5-6-2008, Art. 37; Bylaws 5-5-2009, Art. 31; Bylaws 5-5-2009, Art. 44; Bylaws 5-4-2010, Art. 20; Bylaws 5-1-2012, Art. 23; Bylaws 5-1-2012, Art. 26; Bylaws 5-6-2014, Art. 41; Bylaws 5-5-2015, Art. 22; Bylaws 5-5-2015, Art. 25]

12.1

Inspector of Buildings.

This bylaw shall be administered and enforced by the Inspector of Buildings and/or his/her appointed assistants.

12.2

Compliance Certification.

Buildings, structures or signs may not be erected, substantially altered, moved or changed in use, and land may not be substantially altered or changed in principal use without certification by the inspector of buildings that such action is in compliance with then-applicable zoning, or without review by him regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state or local law. Issuance of a building permit or certificate of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification.

12.3

Permit Application.

Application for permits for construction shall be accompanied by two prints of a plan of the lot, drawn to scale, showing the actual dimensions of the lot, exact location and size of any existing or proposed buildings, and streets and ways adjacent to the lot. Where such are involved, any parking areas for six or more cars and their means of egress, and any required screening of landscaping, shall also be shown.

12.4

Site Plan Review.

To protect the health, safety, convenience and general welfare of the inhabitants of the Town by providing for a review of plans for uses and structures which may have significant impacts on traffic, municipal and public services and utilities, environmental quality, community values in the Town and community economics.

12.41

Applicability.

The site plan review provisions shall apply to the following types of structures and uses:

Any new construction or expansion of a nonresidential building, structure, or use, or change in use in any district which affects at least 3,000 square feet of floor area or 2,500 square feet of land area, whichever is less, within any five-year period. "Change of Use" shall include the introduction of new materials or processes not previously associated with the existing use.

Any new construction of a multifamily dwelling or expansion, renovation or change of use of an existing building or structure in any district where such construction, expansion, renovation, or change of use will result in the creation of one or more multifamily dwelling units.

The construction or expansion of any parking facility resulting in seven or more additional parking spaces for passenger and/or commercial vehicles, or the renovation of any existing parking facility containing seven or more parking spaces for passenger and/or commercial vehicles, with the exception of normal maintenance.

All special permit uses described in Section 14.11, Section 43, Section 46.1, Section 52 and the following uses:

Building tradesmen and contractors;

Printing and publishing;

Manufacturing and processing;

Warehousing and wholesale distribution;

Research and development;

Public utility;

Motel and hotel;

Heliport;

Restaurant;

Retail sales and services of new and used motorized vehicles;

Veterinary, animal hospital or kennel;

Large-Scale Ground-Mounted Solar Photovoltaic Installations.

12.42

Basic Requirements.

No building permit can be issued for the proposed development unless an application for site plan review and approval has been prepared in accordance with the requirements of this section, and unless such application has been approved by the Planning Board.

No occupancy permits shall be granted by the building inspector until the Planning Board has given its approval that the development and any associated off-site improvements conform to the approved application for site plan review and approval, including any conditions imposed by the Planning Board.

A temporary occupancy permit may be granted with the approval of the Planning Board subject to conditions for completion of work (which shall include a requirement for surety, in an amount and form to be determined by the Planning Board), imposed by the Planning Board.

12.43

Application and Review Procedures.

Prior to the filing of an application, the applicant shall submit plans to the Town Planner who shall advise the applicant as to the pertinent sections of the zoning bylaw and will schedule a pre-application with the Technical Review Committee if appropriate. Those proposing the construction or exterior expansion of a nonresidential building or structure exceeding 3,000 square feet or the construction of five or more multifamily units shall request a pre-application review with the Technical Review Committee. The Technical Review Committee consists of the Town Planner, Director of Public Works, Building Inspector, Fire Chief, Police Chief, Sewer Superintendent, and representatives from the Planning Board, Conservation Commission, Board of Health, and Water Company overseeing the municipal system. The purpose of the pre-application review is to minimize the applicant's cost of engineering by commencing communication with the Planning Department and other departments, boards and commissions at the earliest possible stage in the design process. In order to facilitate pre-application review, the applicant shall submit a concept drawing of the proposed development. The applicant shall submit 10 copies of the application to the Planning Board. No application for review shall be accepted as a submittal unless and until all information necessary for such review, as described in the Zoning Bylaws, is fully provided unless waivers are requested in writing. At the time of submission, the Board or its Agent shall make a determination, using a checklist, that the submission requirements are either complete or incomplete.

If the submission has been determined to be incomplete, the application shall be returned to the applicant either in person or by certified mail with a letter indicating that insufficient information has been provided making it impossible for the Planning Board to adequately review the application, or approve the application. Incomplete applications shall not be considered submittals and shall not be considered the start of any time limits within which the Board is required to act under various provisions of Massachusetts General Law, Chapter 40A. If the submission has been determined to be complete, the Applicant shall file the application with the Town Clerk by delivery or by certified mail, postage prepaid. The Town Clerk shall time and date stamp said application to fix the date of submission.

Upon receiving a completed application, the Planning Board will transmit one copy each to the building inspector, the engineering consultant, the police department, the fire department, the board of health and such other departments and boards as the Planning Board may determine necessary.

These agencies must, within 35 days of receiving said copy, report to the Planning Board on:

The adequacy of the date and the methodology used by the applicant to determine impact of the proposed development.

The effects of the proposed impacts of the proposed development. The agencies may recommend conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development. Failure by any such agency to report within the allocated time shall constitute approval by that agency of the adequacy of the submittal and also that, in the opinion of that agency, the proposed project will cause no adverse impact.

The Planning Board shall not render a decision on the application until it has received and considered all reports requested from town departments and boards, or until the thirty-five-day period has expired, whichever is earlier.

The Planning Board shall hold a public hearing on any properly completed application within 65 days after filing, shall properly serve notice of such hearing and then must render its decision within 90 days of the close of the hearing.

In reviewing the impacts of a proposed development, the Planning Board shall consider the information presented in the application for site plan approval; all reports of town departments submitted to the Planning Board by any person, official, or agency, or acquired by the Planning Board on its own initiative or research.

12.44

Contents and Scope of Application.

An application for site plan review and approval under this section must be prepared by qualified professionals, including a registered professional engineer and, where required by state law, a registered architect, and/or registered landscape architect, and shall include the following items and information:

A site plan review at a scale of one inch equals 20 feet, or such other scales as may be approved by the Planning Board. The site plan shall contain the following items and information:

Names, addresses, and telephone numbers of the owner, applicant, and person(s) or firm(s) preparing the plan. If the applicant is not the owner, a notarized statement authorizing the applicant to act on the owner's behalf and disclosing his interest shall be submitted.

Name of project, property address, assessor's map and lot number, the date, north arrow, datum (NAD 83 and NAVD 88) names of abutters, and scale.

Natural features including watercourses, water bodies, wetlands, soil properties, and any other environmental features of the landscape that are important to the site design process.

Location of all existing and proposed easements, rights-of-way and other encumbrances.

All floodplain information, including the contours of the 100-year flood elevation based upon the most recent Flood Insurance Rate Map for Millbury, or as calculated by a professional land surveyor for unmapped areas.

Location, width, curbing, and paving of all existing and proposed streets, rights-of-way, easements, alleys, driveways, sidewalks, and other public ways.

Location of all pavement markings.

Location of all existing and proposed on-site snow storage areas.

The location and name of all streets and indicate whether the street is a public and private way.

Lot Lines with dimensions.

Zoning district lines.

Five signature lines for the Planning Board approval.

Existing and proposed topography contour lines at one-foot intervals.

Information on the location, size, type and number of existing and proposed landscaping features.

Information on the location, size and capacity of existing and proposed on-site and abutting utilities (water, sewer, drainage, electrical, cable, etc.).

The location, type, style of fixture, and intensity of lighting; the location, structural design and dimensions of all signage and any site amenities; the location and screening of refuse containers.

The location and dimensions of all existing and proposed building and uses on-site and on abutting properties.

Elevation and facade treatment plans of all proposed buildings.

Information on the location, size, and type of parking, loading, storage and service areas.

Zoning and other applicable setback distances; and zoning parking calculations.

At least three property boundary markers, remotely separated, shall be indicated with Massachusetts Grid Plane Coordinates. The plan shall identify the elevation and coordinates of these boundary markers.

A landscape plan at the same scale as the site plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements including planting areas with size and type of stock for each shrub or tree.

An isometric line drawing (projection) at the same scale as the site plan, showing the entire project and its relation to existing areas, building and roads for a distance of 100 feet from the project boundaries.

A locus plan at a scale of one inch equals 100 feet showing the entire project and its relation to existing areas, buildings and roads for a distance of 100 feet from the project boundary, or such other distances as may be approved or required by the Planning Board.

Building elevation plans at a scale of one-quarter inch equals one foot or one-half inch equals one foot, showing all elevations of all proposed buildings and structures and indicating the type and color of materials to be used on all facades.

Development impact statements which shall describe potential impacts on the proposed development, compare them to the impacts of uses which are or can be made of the site without a requirement of site plan review, identify all significant positive or adverse impacts, and propose an acceptable program to prevent or mitigate adverse impacts.

The Development impact statement shall consist of the following four elements:

Traffic Impact Assessment:

Purpose: 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 object, and to identify measures proposed to mitigate any adverse impacts on traffic.

Format and Scope:

Existing traffic conditions: Average daily and peak hour 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 1,000 feet of the project boundaries.

ii.

Projected traffic conditions for design year or occupancy: Statement of design year or 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 Town.

iii.

Projected impact of proposed development: Project peak hour and daily traffic generated by the development on roads and ways in the vicinity of the development; sight lines at the intersections or the proposed driveways and streets; existing and proposed traffic controls in the vicinity of the proposed development; and projected post-sections and streets likely to be affected by the proposed development (as defined in Subsection 12.42.6.a above).

Traffic study data shall be no more than 12 months old as of the date of application.

The maximum value of off-site extractions is 6% of development costs.

All off-site improvements required as a condition of site plan approval must be impacted by the proposed project.

Environmental Impact Assessment:

Purpose: To describe the impacts of the proposed development with respect to on-site and off-site environmental quality.

Format and Scope: Identification of potential impacts: Description and evaluation of potential impacts on the quality of air, surface water, and ground water adjacent to or directly affected by the proposed development; on-site or off-site flooding, erosion, and/or sedimentation resulting from alterations to the project site, including grading changes and increases in impervious areas; on-site or off-site hazards; radiological emissions or other hazardous materials; adverse impacts on temperature and wind conditions on the site and adjacent properties; impacts on solar access or adjacent properties; and off-site noise or light impacts.

Systems Capacity: Evaluation of the adequacy of existing or proposed systems and services for water supply and disposal of liquid and solid wastes.

Proposed mitigation measures: Description of proposed measures for mitigation of any potential adverse impacts identified above.

Fiscal Impact Assessment:

Purpose: To evaluate the fiscal and economic impacts of the proposed development on the Town.

Format and Scope: Projections of costs arising from increased demands for public services and infrastructures. Projections of benefits from increased tax revenues, employment (construction and permanent), and value of public infrastructure to be provided. Projections of the impacts of the proposed development on the value of adjoining properties.

Historic Impact Assessment:

Identification of impacts on significant historic properties, districts or areas, or archaeological resources (if any) in the vicinity of the proposed development.

Development Goals: Evaluation of the proposed project's consistency or compatibility with existing local and regional plans.

The Planning Board may waive any of the above listed requirements if it believes that said requirement is not necessary based on the size and scope of the project. The applicant may petition the Planning Board prior to making a formal application to request notification as to which section(s) of the site plan review bylaw requirements are necessary. The Planning Board will then notify the applicant within 30 days as to which sections relate to the proposed project based on the size and scope of the project.

12.45

Design Standards.

All site plan review applicants shall adhere to the following general principles when designing a site plan for land within the Town of Millbury.

Preservation of Landscape: The landscape shall be preserved in its natural state, insofar as practicable by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of the neighboring developed areas. Where tree coverage does not exist or has been removed, new planting may be required. Finished site contours shall depart only minimally from the character of the natural site and the surrounding properties.

Relation of Building to Environment: Proposed development shall be related harmoniously to the terrain and to use, scale and siting of existing buildings in the vicinity that have functional or visual relationship to the proposed buildings. All buildings and other structures shall be sited to minimize disruption of the topography. Strict attention shall be given to proper functional, visual and spatial relationship of all structures, landscaped elements and paved areas.

Open Space: All open space (landscaped and usable) shall be so designed as to add to the visual amenities of the vicinity by maximizing its visibility to persons passing the site or overlooking it from nearby properties.

Surface Water Drainage: There shall be no net increase in the volume of stormwater runoff across the boundaries of the site unless provisions have been made to tie into the public storm drains, where available, with the approval of the appropriate parties or authorities, or the Planning Board has determined that all reasonable provisions have been made to minimize any changes in stormwater runoff at the site. There shall be no adverse impacts to abutting properties from any increase in volume of stormwater runoff including erosion, silting, flooding, sedimentation or impacts to wetlands, ground water levels or wells.

Insofar as possible, low-impact development best management practices shall be utilized such that the site's natural features and environmentally sensitive areas, such as wetlands, native vegetation, mature trees, slopes, natural drainage courses, permeable soils, floodplains, woodlands and soils are preserved. Use of stormwater management components that provide filtration, treatment and infiltration such as vegetated areas that slow down runoff, maximize infiltration and reduce contact with pave surfaces are strongly encouraged.

Where the site is not proposed to be covered with gravel, hardscape, or a building or structure, a planting plan to ensure permanent re-vegetation of the site shall be submitted. Areas to be planted shall be loamed with not less than six inches compacted depth of good quality loam and seeded with turf grass seed or other appropriate ground cover in accordance with good planting practice.

Ground Water Recharge and Quality Preservation: Ground Water Recharge shall be maximized and ground water quality shall be protected. Various techniques may be required to maximize recharge, and create a hydrologically functional lot or site, including the following: vegetated open channel systems along roads, rain gardens, buffer strips, use of amended soils that will store, filter and infiltrate runoff, bioretention areas, use of permeable pavement. In addition, reduction of impervious surfaces where possible, reduction of heat island effects, and use of water quality units such as grease traps or gas/oil separators will be encouraged.

Where ground water elevation is close to the surface, extra site grading precautions may be required to maintain the protective function of the over burden.

Utilities: The placement of electric, telephone, or other utility lines and equipment, such as water or sewer shall be underground and so located as to provide no adverse impact on the ground water levels, and to be coordinated with other utilities. The proposed method of sanitary sewage disposal and solid waste disposal from all buildings shall be indicated precisely on the plans.

10.

Advertising: All signs and outdoor advertising features shall be reviewed as an integral element in the design and planning of all development on the site. At a minimum, all signs and advertising devices shall be in conformance with Section 34, Signs.

11.

Landscaping Within the Setbacks: Site plan applicants are required to landscape the setbacks as part of the site plan approval process. Site plan applicants are expected to maintain the landscaping approved for the site and replace any landscaping that has not fully established itself within two growing seasons, after which all failed landscaping shall be replaced. Front yard setback landscaping shall consist of street trees and low-level plantings.

In accordance with Section 35.7, walls or hedges with in any required front yard area or within 20 feet of the street, whichever is less, shall not exceed six feet in height and fences shall not exceed 30 inches in height except that the special permit granting authority may grant a Special Permit for higher fences where such will not endanger health or safety, or unreasonably impair vision or circulation of air. Landscaping within 20 feet of a driveway shall consist solely of low-level plantings such that vehicular and pedestrian sight lines are not restricted.

12.

Circulation: With respect to vehicular and pedestrian circulation, including entrances, ramps, walkways, drives and parking, special attention shall be given to location and number of access points to the public streets (especially in relation to existing traffic controls), width of interior drives, and access points, general interior circulation, separation of pedestrian and vehicular traffic, access to community facilities and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the use and enjoyment of proposed buildings and structures and the neighboring properties. Insofar as practicable, parking should be located on the side or the rear of buildings.

13.

To minimize turning movements onto adjacent public ways, developers are encouraged to provide internal circulation systems (service roads) that connect to adjacent development (parking area to parking area). Site plans that propose service roads and/or connection of parking areas shall show on the plan how the connection of parking areas will be achieved.

14.

All parking and loading areas shall be striped and marked on the ground as a condition of site plan approval. All off-street parking and loading spaces shall be provided with safe and convenient access and shall not be located within a public right-of-way or within required setbacks. Access locations shall be designed to encourage unimpeded traffic flow with controlled turning movements and minimum hazards to vehicular and pedestrian traffic. Parking and loading shall be in conformance with Section 33, Parking and Loading Requirements.

15.

Curbing: Concrete curbs and gutters shall be installed around the perimeter of all driveways and parking areas. Granite curbs shall be installed in front of sidewalks abutting buildings.

16.

Shared Parking: The Planning Board may allow a reduction of the required number of spaces by up to 25% if it can be demonstrated that two or more uses within a single development can share parking areas due to different hours of normal activity. When two or more adjacent property owners agree in writing to share parking, the required number of parking spaces may be reduced by as much as 25% for each business.

17.

Parking Area Landscaping: Site plans involving more than 19 parking spaces shall provide interior landscaping covering not less than 5% of the total area of the parking lot. In total, there shall be provided one shade tree placed within the parking lot for every five spaces and complemented by shrubs and other planting material. Such trees shall be at least two inches in trunk diameter at the time of planting, and shall be located in planting beds at least six feet in width or diameter. Snow removal activities should be considered when planning for parking area landscaping. In case it can be shown to the Planning Board that the planting of trees is impractical, the Planning Board may authorize plantings and shrubbery instead of trees.

18.

Interior Walkways and Pedestrian Paths: Site plans involving more than 30 parking spaces shall provide walkways and pedestrian paths that safely connect the parking areas to the principal uses they will serve. Such walkways shall be constructed with brick, decorative pavers, or other materials, and may be bordered with fencing or shrubbery to clearly separate pedestrians from automobile traffic. Facilities and access routes for deliveries, service and maintenance shall be separated, where practical, from public access routes and parking areas. Car stops shall be provided to prevent parked cars from damaging trees, shrubs and curbing, and shall not disrupt pedestrian walkways.

19.

Stormwater Management (Grading and Drainage): All site plan applicants must submit drainage calculations to show compliance with all applicable federal, state and local regulations and guidelines, including but not limited to the Massachusetts Department of Environmental Protection (DEP) Stormwater Management Handbook, as it may be amended.

20.

Outdoor Lighting: All exterior lights shall be designed and installed in such a manner as to prevent objectionable light at (and glare across) the property lines. Externally lit signs, display, building and aesthetic lighting must be lit from the top and shine downward. Each outdoor luminaire shall be a full cutoff luminaire, and the use of decorative luminaires with full cutoff optics is desired. A full cutoff luminaire is an outdoor light fixture shielded in such a manner that all light emitted by the fixture, either directly from the lamp or indirectly from the fixture is projected below the horizontal plane. Developments shall eliminate glare onto adjacent properties through the use of lighting shields, earthen berms, or retention of existing natural vegetation. All outdoor lighting fixtures, including display lighting, shall be turned off within one hour after close-of-business, unless needed for safety or security, in which case the lighting shall be reduced to the minimum level necessary.

21.

Other Site Features: Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures, and similar accessory areas and structures shall be designed with such setbacks, screen plantings, or other screening methods to prevent there being a hazard or being incongruous with the existing or contemplated environment and the surrounding properties. With respect to personal safety, all open and enclosed spaces shall be designed to facilitate building evacuation and to maximize accessibility by fire, police and other emergency personnel and equipment.

22.

Additional Design Standards for Bramanville Village District.

Parking:

Off-street parking may be provided by a separate private property owner provided that a current, legally binding agreement is executed between the two parties. A copy of the agreement shall be given to the Planning Board for their review and approval.

ii.

In mixed-use developments, an applicant may propose a reduction in parking requirements based on an analysis of peak demands for non-competing uses. The Planning Board may waive up to 50% of the requirements for the principal use if the applicant can demonstrate that the peak demands for two uses are not concurrent.

Buildings:

All buildings shall have a principal facade and entry (with operable doors) facing a street or open space. Buildings may have more than one principal facade and/or entry;

ii.

Building finish materials shall be appropriate to traditional New England architecture and may include, but shall not be limited to, brick or high-quality brick face, wood, stone or high-quality stone-face. Vinyl, unfinished metal or fiberglass as a primary finished surface shall not be used;

iii.

Blank walls adjacent to streets, alleys or open spaces shall not be permitted. Where windows are not possible or appropriate given the intended use, vertical articulation in the form of raised or recessed surfaces shall be used to break up blank walls;

iv.

New retail buildings shall have one of the following features along the front surface at intervals sufficient to provide harmonious design, while providing variety: awning, marquee, arcade and/or colonnade;

Flat roofs may be allowed on multi-story buildings as long as the roofline projects outward from the building surface as a decorative cornice or parapet;

vi.

Rooftop mechanical equipment shall not be visible from the street;

vii.

Buildings with multiple non-residential tenants on the first floor shall articulate the facade in a manner that distinguishes the location of these tenants through the use of decorative raised or depressed vertical surfaces, variations in signage, awnings, marquees, colonnades or arcades.

Signs:

Primary signs shall be flat against the facade, or mounted projecting from the facade;

ii.

Signs shall be externally lit from the front. Back lighting of signs shall not be permitted;

iii.

Signs shall be made of attractive materials consistent with the character of the district. Materials may include wood (painted or natural), stone, copper, brass, galvanized steel, painted canvas or paint engraved on facade surface;

iv.

Signs may only be incorporated into the skirt of awnings and not on the primary angled surface.

Site Design:

Street level frontage shall be devoted to entrances, shop windows or other displays;

ii.

Clearly delineated pedestrian pathways shall be provided between buildings on the same lot and between buildings on adjacent lots to ensure a continuous pedestrian pathway throughout the district;

iii.

Where residential neighborhoods abut commercial, office or mixed-use developments, appropriate transitional features shall be used and may include landscaping, open space or parks, or streets with clearly designed pedestrian features;

iv.

Primary entrances to buildings shall be situated on pedestrian ways (e.g., sidewalks, plazas or open space) and shall have a minimum width of 10 feet;

Adequate natural lighting and air circulation for businesses and residents shall be maintained;

vi.

New sidewalks shall be composed of cement;

vii.

Other pedestrian walkways, courtyards, patios, or similar shall be composed of natural materials (i.e., brick, bluestone, granite, flagstone, or similar);

viii.

Pedestrian-scale lighting shall be used on walkways.

Open Space: Common open space shall have a shape, dimension, character and location suitable to assure its use for park and open space purposes for the public.

12.46

Specific Findings Required.

Prior to granting approval or disapproval, the Planning Board shall make written findings with supporting documentation as specified below:

Approval: The Planning Board may approve an application based on its review of the projected development impacts and the proposed methods of mitigating such impacts, if said board finds that the proposed development is in conformance with this bylaw. Such findings shall pertain to the entire proposed development including any site plan or design modifications imposed by the Planning Board as a condition of its approval, and any off-site improvements proposed by the applicant or required by the Planning Board as a condition of its approval.

Disapproval: The Planning Board must disapprove an application if it is unable to make the written findings required for approval. Notwithstanding the above, the Planning Board may approve an application if the adverse impacts of the proposed development area are not significantly greater than the impacts of uses which are or can be made of the site under existing laws and regulations without a requirement of site plan review.

12.47

Conditions, Limitations and Safeguards.

In granting approval of an application, the Planning Board may impose conditions, limitations and safeguards which shall be in writing and shall be a part of such approval. Such conditions may include among other matters and subjects:

Controls on the location and type of access to the site.

Controls on the number of vehicles that arrive or depart during the morning and/or evening peak hours (including controls on the maximum number of vehicles which may use the off-street parking areas during said periods).

Requirements for off-site improvements to improve the capacity and safety or roads, intersections, pedestrian ways, water, sewer, drainage and other public facilities which are likely to be affected by the proposed development.

Requirements of donation and/or dedication of land for right-of-way to provide for future roadway and/or intersection widening or improvements.

Requirements for securing the performance of all proposed work, including proposed off-site improvements by either or both of the following methods:

A performance bond, a deposit of money, negotiable securities, or bank passbook in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval;

A covenant running with the land, executed and duly recorded by the owner of record, whereby the required improvements shall be completed before the property may be conveyed by other than a mortgage deed.

Conditions to minimize off-street impacts on traffic and environmental quality during construction.

In granting site plan approval, the Planning Board may require reduction in scale of the proposed project including reductions in height or floor area or lot coverage. The Planning Board may require a construction schedule.

12.48

Administration.

The Planning Board shall establish and may periodically amend the scope and format of the reports required relating to the administration of this section.

The Planning Board shall establish and may periodically amend a schedule of fees for all applications under this section. No application shall be considered complete unless accompanied by the required fees.

The Planning Board shall be responsible for deciding the meaning intent of any provision of this section which may be unclear or in dispute.

All expenses for advertising, engineering, legal review, professional planning review, construction inspection, recording and filing of plans and documents and all other expenses in connection with or for site plan review shall be borne by the applicant.

12.49

Enforcement of an Approved Site Plan.

It shall be the duty of the Building Inspector to enforce the conditions of the site plan approval. However, the Planning Board may require, as a condition of approval, that its consulting engineer oversee construction of certain aspects of a development to ensure compliance with the approved site plan and decision.

The Planning Board may suspend site plan approval when work is not performed as required by the approved site plan.

"As built" plans, certified by a registered professional engineer and registered land surveyor, that identify that bounds were installed at all lot corners and any change from the approved plan, shall be filed with the Building Inspector and the Planning Board before a Certificate of Completion shall be issued. The Applicant shall also file a CD or DVD containing a level III Standard digital file (SDF) of the project, per MassGIS standards for digital plan submittals to municipalities.

The Building Inspector shall issue a Certificate of Completion when all construction has been performed and all other requirements have been met in compliance with the approved site plan. A copy of the Certificate of Completion will be filed with the Planning Board.

No Certificate of Use and Occupancy shall be issued for any structure or use subject to site plan review unless a Certificate of Completion has been issued.

The Building Inspector may issue a Temporary Certificate of Use and Occupancy, under extenuating circumstances, for a period of six months if the required construction has been substantially completed and the permitted uses of the development can be carried on in a safe and convenient manner.

The appeal of any decision of the Planning Board hereunder shall be made in accordance with the provisions of Mass. Gen. L. Chapter 40A, Section 17 except when a disapproval by the Planning Board is based upon non-compliance with the Millbury Zoning Bylaws, in which case an appeal can be taken to the Board of Appeals.

In the case where there is a suspension of site plan approval by the Planning Board and a cease and desist order issued by the Building Inspector, work must cease immediately until the Building Inspector issues a new start work order.

All material modifications to a site made after issuance of the site plan approval shall require submission of a modified site plan, applied for in accordance with all regulations applicable at the time such application is properly made.

12.5

Penalties – Criminal Disposition.

Whoever violates any provision of the Millbury Zoning Bylaws may be penalized by indictment or complaint brought to the superior court, housing court, or Worcester district court. A penalty of $300 shall be imposed for each violation. Each day on which a violation exists shall be deemed to be a separate offense.

12.51

Penalties – Noncriminal Disposition.

In addition to the procedures described above, the provisions of the bylaw may be enforced by the building inspector or his designated agent by way of the non-criminal disposition procedure provided in Massachusetts General Laws, Chapter 40, Section 21D. Each day on which a violation exists constitutes a separate offense. The penalty for each offense shall be $50.

Millbury City Zoning Code

ARTICLE 1

Section 11 Purpose.

Section 12 Administration.

Section 13 Board of Appeals.

Section 14 Special Permits.

Section 16 Applicability.

Section 17 Amendments.

Section 18 Court Appeals.

Section 19 Separability.