Newbury City Zoning Code
ARTICLE IX
SPECIAL REGULATIONS
§ 97-9 Special Regulations.
A.
Site Plan Review.
(1)
Purpose: To protect the health, safety, convenience and general welfare of the public by providing for a comprehensive review procedure of plans for uses and structures which may have impacts on traffic, parking, services and utilities, environmental quality, water resources, drainage and community character. Any use or structure, or expansion thereof, referred to in G.L. c. 40A, § 3, (exemption from zoning) is not exempt from the provisions of this section, provided any of the criteria contained in § 97-9.A.(4), below, also applies.
(2)
Reviewing Authority: The Planning Board shall be the reviewing authority for all projects subject to Site Plan Review.
(3)
Applicability: Any proposal for a commercial, industrial, institutional, educational, municipal, multi-family, or mixed-use project which requires construction of a new building or which will result in a substantive change in the outside appearance or a change of use of an existing building or buildings or premises shall be subject to Site Plan Review in accordance with the threshold levels established in Section A.(4) below.
(4)
Review Thresholds:
(a)
Level I — Minor Projects: Level I applications will be subject to review by Town staff followed by Planning Board review and action thereon at a regularly scheduled Planning Board meeting, with no requirement for a public hearing. Level I Site Plan Review applies to any application for a construction project or change of use for any of the types of projects identified in Section A.(3) above and which meets one or more of the following thresholds:
01)
Any new building(s) or construction containing 1,000 gross square feet of floor area up to, but not including, 2,000 gross square feet of floor area;
02)
Expansion of an existing building resulting in an increase in floor area of 1,000 gross square feet of floor area up to, but not including, 2,000 gross square feet of floor area.
03)
Construction or expansion of a parking area resulting in three (3) to five (5) new parking spaces;
04)
Any alterations to traffic flow patterns, including access, egress, deliveries, and pedestrian access;
05)
Any changes to loading areas, dumpster locations, exterior lighting, major landscaping features, or accessory structures.
(b)
Level II — Major Projects: Level II applications shall require review by Town staff followed by a public hearing conducted by the Planning Board. Level II Site Plan Review applies to any application for a construction project or change of use for any of the types of projects identified in Section A.(3) above which meets one or more of the following thresholds:
01)
Any new building(s) or construction containing 2,000 gross square feet of floor area or more;
02)
Expansion of an existing building resulting in an increase of floor area of 2,000 gross square feet or more;
03)
Construction, expansion, or alteration of a parking area resulting in six (6) or more new parking spaces;
04)
Grading or re-grading and/or clearing of land and/or other land development activity over an area of 5,000 square feet or more, except for work incidental to agricultural activity, clearing necessary for percolation and other site tests, or work in conjunction with an approved subdivision plan or earth removal permit or stormwater permit;
05)
The development of 7,500 square feet or more of impervious surface area or more than 15% of the lot area, whichever is smaller;
06)
The construction of a drive-through retail establishment serving food or dispensing merchandise from inside a building to persons seated in their automobiles on the premises;
07)
Any proposed change of use from single- or two-family to multifamily or nonresidential;
08)
Construction of a ground-mounted solar photovoltaic installation occupying at least 1/4 acre of land, but less than two (2) acres of land.
(5)
Procedure:
(a)
An applicant for site plan review shall file with the Planning Board at a regularly scheduled meeting a complete application and such submission materials in quantities and format as required by the Site Plan Review Submission Requirements and Procedures adopted by the Planning Board and filed with the Town Clerk. Copies of these Submission Requirements and Procedures shall be available from the Planning Department.
(6)
Decision Criteria: The Planning Board shall approve an application for site plan review if it finds that the Applicant has submitted sufficient information from which it can determine that the proposed project will:
(b)
Avoid removal of existing stone walls or, where removal is required, minimize length of removal;
(c)
Provide adequate stormwater management and other utilities consistent with the requirements of Newbury's Stormwater Bylaw and the Planning Board's Subdivision Rules and Regulations;
(d)
Maximize safety for pedestrians and vehicles both on the site and entering onto and egressing from it;
(e)
Provide adequate access to each structure for fire and emergency service equipment;
(f)
Minimize obstruction of scenic views from publicly accessible locations;
(g)
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;
(h)
Minimize intrusion of glare from headlights and site lighting on surrounding properties, and minimize light pollution using dark sky compliant standards;
(i)
Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places;
(j)
Prevent contamination of groundwater from any source;
(k)
Enhance the appearance of the property to the greatest degree possible by means of landscaping and other site amenities;
(l)
Minimize impacts of the use on adjacent properties through regulation of hours of operation, deliveries, noise, rubbish removal, and on-site storage;
(m)
Ensure compliance with the provisions of Newbury's Zoning Bylaw, including parking and signs.
Notwithstanding the above, regulation of uses and structures referred to in G.L. c. 40A, § 3 (exemptions from zoning) shall be limited to the extent allowed under said section of the General Laws. |
(n)
Utilize energy, water and resource efficient design to the greatest degree possible, including appropriate building orientation, landscape design, use of solar or other energy collection apparatuses, electric vehicle charging stations, LED light fixtures and use of resource-efficient materials and energy- and water-efficient systems.
(7)
Conditions of Approval:
(a)
Site plan approval may be made subject to such conditions, modifications and restrictions as the Planning Board may deem necessary in order to satisfy any of the Decision Criteria listed above. Any construction, reconstruction, alteration or addition shall be carried on only in conformity with such conditions, modifications or restrictions and in conformity with the application and site plan.
(b)
Any order of conditions from the Conservation Commission which imposes conditions inconsistent with site plan approval shall require a revision of the site plan. A request for such revision must be submitted in writing to the Planning Board.
(c)
For any construction project or a change in use that requires site plan review, no building permit may be issued unless and until the applicant has complied with the provisions relating to site plan review under this article and the conditions, modifications, and restrictions contained within the Decision of Site Plan Review are referenced to and incorporated in, and made an express condition of, such building permit.
(d)
The Planning Board reserves the right for itself and its Agent(s) to enter the site at any time without notice for the duration of the Site Plan Approval to determine compliance therewith.
(e)
Site plan approval by the Planning Board shall not be construed as approval from any other Board, official or department.
(f)
At the discretion of the Building Inspector, with the concurrence of the Planning Board, recording of a certification of the Town Clerk and the Decision of Site Plan Review at the Registry of Deeds may be included as an additional condition precedent to the issuance of any building permit (see G.L. c. 40A, § 11, Notice requirements for Public Hearings etc.).
(g)
Prior to the start of clearing and construction (other than that required for surveying or testing or for the installation of erosion control measures), a pre-construction meeting shall take place with, at a minimum, the Planning Director, the Planning Board’s engineering consultant, the Conservation Agent, and a representative of the Newbury Department of Public Works. The meeting will be held to review the site design, the planned operations at the construction site, planned stormwater practices and site controls during the construction phase, and the planned stormwater practices and site controls to be used to manage runoff created after developed will be reviewed. The limit of work and extent of tree clearing shall be clearly marked prior to the pre-construction conference.
(8)
Lapse: Site plan approval for a project shall lapse after two years from the date of issuance, unless any construction work contemplated thereby shall have commenced and proceeded in good faith continuously to completion, except for good cause. This two year period shall not include time required to pursue or await determination of an appeal filed pursuant to G.L. c. 40A, §§ 8 and 17 (Appeals to permit granting authority), Site plan approval may, for good cause, in the sole opinion of the Planning Board, be extended in writing by the Board upon the written request of the applicant.
(9)
Modifications to Approved Site Plans: To request a modification to an approved site plan, an applicant shall submit to the Planning Board a written description of the proposed modifications. Modified site plans will, in most instances, be subject to the same submittal, review, and hearing procedures as was the original filing. In the case of a Level II approved site plan, if the Board determines that a particular modification is not significant and is consistent with the previously approved site plan, the Board may deem an additional public hearing unnecessary.
(10)
Performance Guarantee:
(a)
Performance Guarantee: As a condition of site plan approval, the Planning Board shall determine whether to require that a performance bond, deposit of money, negotiable securities, or other such surety acceptable to the Planning Board, be posted with the Town. This surety is to cover costs of non-building construction, including, but not limited to, any street disturbance, utilities, erosion control measures, stormwater management measures, and other on-site or off-site improvements which present a public health and safety hazard or nuisance if left incomplete or improperly constructed. The Board may also require that an amount be included for restoration of land disturbed during the course of construction. The amount of security shall be determined based on an estimate prepared by a professional cost estimator paid for by the Applicant, which estimate may be confirmed or increased by the Board. The Town may use the secured funds for their stated purpose in the event that the applicant does not complete all improvements in a manner satisfactory to the Board within two years from the date of approval, or the final date of the last extension of such approval, if any.
(b)
Plan Verification: Prior to the final release of the Performance Guarantee, a copy of the final Site Plan(s), stamped by a professional Civil Engineer, Land Surveyor, and/or Registered Architect, shall be submitted to the Building Inspector and the Planning Board. Said plans shall contain a statement that construction is consistent with the approved plans and conditions set forth by the Planning Board in the Site Plan Review approval or approved modifications. The Applicant shall also submit to the Planning Board all drawings and plans in computer aided drafting (CAD) and PDF format.
(c)
Release of Performance Guarantee: Upon completion of all of the improvements required by a Performance Guarantee posted under this Bylaw, the Applicant may request full release of the surety by sending a statement of completion and request for release to the Planning Board and to the Town Clerk. If the Planning Board, or its consulting engineer or designated representative, determines that said construction has been completed in compliance with the approved Site Plan, it shall release the Performance Guarantee and return it to the person(s) or entity who furnished it.
(d)
Refusal of Release: If the Planning Board determines upon inspection that said site improvements have not been either fully or adequately completed, it shall specify in a notice sent by Certified Mail to the Applicant and filed with the Town Clerk, how the site improvements fail to comply with the requirements of this Bylaw.
(11)
Inspections: Construction inspections in relation to an approved site plan may be carried out by an agent designated by the Planning Board, and all such costs shall be borne by the Applicant, as provided for in the Site Plan Review Submission Requirements and Procedures. If said inspections find that work is not being done in conformance with the approved plans, the Board may suspend the approval until the work in question is repaired.
(12)
Enforcement: Construction that does not comply with the site plan and stated conditions of approval shall be deemed to be in violation of this Bylaw and, as such, shall be subject to fines and legal processes so authorized. The Building Inspector shall take such action as may be necessary to enforce full compliance with the provisions of this Bylaw and approvals issued hereunder. Any approval or permit issued under this Bylaw may be suspended when work is not performed as required.
(13)
Penalty: Any person violating any provisions of this Site Plan Review Bylaw or any of the conditions under which approval is granted may be fined not more than three hundred dollars ($300.00) for each offense. Each 24 hour period of continued violation shall be considered a separate offense.
(14)
Project Completion: No permanent occupancy permits shall be issued for any building or structure or portion(s) thereof, until:
(a)
The Planning Board receives a record plan prepared by a professional land surveyor along with a statement from a professional engineer that all construction (including utilities) has been done in accordance with the approved site plan;
(b)
The Planning Board or the Planning Board's designated agent verifies that the work has been completed in accordance with the approved site plan, including all conditions of approval;
(15)
Adoption of Rules and Regulations, Fees, and Penalties:
(a)
Rules and Regulations: The Planning Board may, after notice and public hearing, adopt and from time to time amend rules and regulations to implement the provisions of this Bylaw, including but not limited to specifying the content and number of required plans, application procedures, design and development standards, and other general requirements consistent with this Bylaw.
(b)
Fees and Penalties: Site plan review fees shall be governed and set by the Planning Board and shall be assessed to the owner and/or the applicant. Such fees may include a deposit for review by a consultant selected by the Town and/or for inspections during construction. The amount of fees shall be as listed in the Site Plan Review Submission Requirements and Procedures and administered in accordance with § 117-46 thru § 117-48 of the Town's Regulations for the Subdivision of Land.