Millville City Zoning Code
ARTICLE X
Site Plan Review
§ 100-1001 Purpose.
The purpose of this article is to provide for individual detailed review of development proposals which have an impact on the natural or built environment of the Town of Millville in order to promote the health, safety and general welfare of the community; to ensure adequate parking, safe and accessible pedestrian and vehicular circulation; and to minimize traffic impact on Town streets.
§ 100-1002 Applicability.
The following types of activities and uses require site plan review by the Planning Board:
§ 100-1003 Procedures.
[Amended 11-18-2013 STM by Art. 7]
A.
One original and 10 copies of the completed application form and of the plans and related materials shall be submitted to the Planning Board or its agent at a regularly scheduled Planning Board meeting. The application shall also be accompanied by the submission of a fee in accordance with the Planning Board’s Fee Schedule and an electronic copy of all submission materials. Concurrently, one copy of the completed application form shall be submitted by the applicant to the Town Clerk, and a receipt therefor shall be submitted with the Planning Board copy of the application form.
B.
Within 10 days from the submission of the application at a regularly scheduled meeting, the Planning Board or its agent shall notify the applicant whether the application is complete. Notice of completeness may require the submission of additional material or denial for being incomplete. If the Planning Board or its agent fails to provide a notice of completeness, the application shall be deemed complete.
C.
Once the Planning Board or its agent determines the SPA application submittal to be complete, one copy of the application form shall be transmitted to at least the following: the Planning Board consultant, ZBA, Building Department, Board of Health, Conservation Commission, Highway Department, Fire Department, and Police Department. A file copy of the plans and related materials shall remain in the Planning Board office to serve as a common review copy. The other copies shall be distributed as needed.
D.
Each board or department receiving the application form as required by Subsection C above may, within 30 calendar days of the date of the complete application submittal, file with the Planning Board or its agent a written report recommending approval, approval with modifications or conditions or disapproval, stating its reasons therefor. Failure to respond within said 30 days shall be deemed lack of opposition to the application. The Planning Board shall hold a public hearing on said application within 45 days from the date the application is deemed complete per Subsection B.
E.
Site visit. The Planning Board may conduct a site visit following the first public hearing. At the site visit, the Planning Board and/or its agents shall be accompanied by the applicant and/or its agents.
F.
For SPA applications, the Planning Board shall render a decision on the application, file notice of said decision with the Town Clerk and send to the applicant, by certified mail, return receipt requested, a copy of the notice and decision within 45 calendar days from the close of the public hearing or within 180 days from the opening of the hearing, whichever comes first, or said application shall be deemed approved.
§ 100-1004 Applications requiring special permit.
For applications also requiring a special permit, the public hearing process may occur concurrently.
§ 100-1005 Approval with conditions.
Where the Planning Board approves a site plan "with conditions," and said approved site plan accompanies a special permit or variance application to the Board of Appeals, the conditions imposed by the Planning Board shall be incorporated into the issuance, if any, of a special permit or variance by the Board of Appeals.
§ 100-1006 Consolidation of review.
Where the Planning Board serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures.
§ 100-1007 Extension of time limits.
The applicant may request, and the Planning Board may grant by majority vote of its membership, an extension of the time limits set forth herein.
§ 100-1008 Deviation from approved plan.
[Amended 5-13-2024 ATM by Art. 18; 5-13-2024 ATM by Art. 19]
Any changes to an approved site plan must be submitted to the Planning Board with a written description of the proposed modifications and reasons for such modification. No changes to an approved site plan shall be authorized unless (1) the Planning Board makes a written determination that the changes are minor and do not require a public hearing or (2) the changes are approved at a public hearing held in accordance with and subject to the requirements of this section. A copy of the Planning Board's determination and revised plans shall be filed with the Town Clerk and the Building Inspector.
§ 100-1009 Additional requirements.
Site plan approval does not constitute a certification that the proposed plan conforms to applicable zoning regulations, wetland regulations and/or any other Town, state or federal requirements that must be obtained prior to implementation of the elements of the site plan.
§ 100-1010 Preparation of plans.
Applicants are invited to submit a preapplication sketch of the proposed project to the Planning Department and are encouraged to schedule a presubmission meeting with the Planning Department. Site plans shall be submitted on twenty-four-inch by thirty-six-inch sheets. Plans shall be prepared by a registered professional engineer, registered land surveyor, architect, or landscape architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale of one inch equals 40 feet.
§ 100-1011 Contents of plan.
The contents of the site plan are as follows: plan sheets prepared at a scale of one inch equals 40 feet or such other scale as may be approved by the Planning Board. The plans are as follows:
A.
Site layout, which shall contain the boundaries of the lot(s) in the proposed development, proposed structures, general circulation plan for vehicles and pedestrians, drive-through windows, curb cut locations, parking, fences, walls, walks, outdoor lighting, including proposed fixtures, loading facilities, solid waste storage locations, and areas for snow storage after plowing. The first sheet in this plan shall be 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 1,000 feet from the project boundaries or such other distance as may be approved or required by the Planning Board.
B.
Topography and drainage plan, which shall contain the existing and proposed final topography at two-foot intervals and plans for handling stormwater runoff drainage.
C.
Utility plan, which shall include all facilities for refuse and sewage disposal or storage of all these wastes, the location of all hydrants, fire alarm and fire-fighting facilities on and adjacent to the site, all proposed recreational facilities and open space areas, and all wetlands, including floodplain areas.
D.
Architectural plan, which shall include the ground floor plan, proposed exterior building materials, treatments and colors and architectural elevations of all proposed buildings and a color rendering where necessary to determine the proposal's effect on the visual environment.
E.
Landscaping plan, showing the limits of work, existing tree lines as well as those tree lines to remain, and all proposed landscape features and improvements, including screening, planting areas with size and type of stock for each shrub or tree, and including proposed erosion control measures during construction.
F.
Lighting plan showing the location and orientation of all existing and proposed exterior lighting, including building and ground lighting. The plan shall note the height, initial footcandle readings on the ground and the types of fixtures to be used.
G.
The site plan shall be accompanied by a written statement indicating the estimated time required to complete the proposed project and any and all phases thereof. There shall be submitted a written estimate, showing in detail the costs of all site improvements planned.
H.
A written summary of the contemplated projects shall be submitted with the site plan indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land, and any other evidence necessary to indicate compliance with this bylaw.
I.
The site plan shall be accompanied by drainage calculations by a registered professional engineer as well as wetland delineations, if applicable. Storm drainage design must conform to Town of Millville Subdivision Regulations.
J.
Certification that the proposal is in compliance with the provisions, if applicable, of the Americans with Disabilities Act and the Massachusetts Architectural Barriers Board.
§ 100-1012 Waivers.
The Planning Board may, upon written request of the applicant, waive any of the submittal or technical requirements of § 100-1011 where the project involves relatively simple development plans.
§ 100-1013 Approval; design of building construction or site alterations.
A.
Site plan approval shall be granted upon determination by the Planning Board that the plan meets the following objectives. The Planning Board may impose reasonable conditions at the expense of the applicant, including performance guarantees, to promote these objectives. 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.
B.
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 of six-inch 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 the threat of air and water pollution.
(2)
Maximize pedestrian and vehicular safety to and from the site.
(3)
Minimize obstruction of scenic views from publicly accessible locations.
(4)
Minimize visual intrusion by controlling the layout and visibility of parking, storage, or other outdoor service areas viewed from public ways or premises which are residentially used or zoned.
(5)
Minimize glare from vehicle headlights and lighting fixtures.
(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 solid and liquid wastes and hazardous substances.
(8)
Ensure compliance with the provisions of this Zoning Bylaw.
(9)
Minimize damage to existing adjacent public ways.
(10)
Promote orderly and reasonable internal circulation within the site so as to protect public safety and not unreasonably interfere with access to a public way or circulation of traffic on a public way in general.
§ 100-1014 Lapse of approval.
[Amended 5-13-2024 ATM by Art. 19]
Site plan approval shall lapse after two years from the final approval if a substantial use in accordance with such approved plans has not commenced except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant, within this two-year period.
§ 100-1015 Regulations.
The Planning Board may adopt and from time to time amend reasonable regulations for the administration of these site plan guidelines.
§ 100-1016 Fees.
The Planning Board may, from time to time, adopt reasonable administrative fees and technical review fees for site plan review.
§ 100-1017 Appeals.
Any person aggrieved by a decision of the Planning Board rendered pursuant to this Article X may appeal such decision to the Zoning Board of Appeals as provided in MGL c. 40A, § 8.