These regulations recognize that certain developments of land, though generally suitable for location in a particular zoning district are, because of their nature, size, complexity or other reasons of probable impact, capable of adversely affecting the stated purposes of this ordinance, unless careful consideration is given to certain critical design elements. It is the intent of these regulations to provide a mechanism for the review of an applicant's attention to such critical design elements within developments that are subject to review.

(Ord. of 10-28-02(3))

To implement goals, strategies, and actions recommended in the 2001 Master Plan for Land Use, Housing, Natural and Cultural Resources, and Transportation and Circulation, and to otherwise protect and enhance residents' quality of life, these regulations address:

a.

Community character: To protect the city's distinct community character and historic and scenic qualities. To revitalize targeted areas for reinvestment and new economic development as well as protect existing investments and property values of the city. To provide for smooth transition between industrial, commercial, and residential areas, to preserve the character of individual city neighborhoods, and to reinforce natural topography by controlling features of development.

b.

Traffic, parking, and public access: To promote roadway traffic safety and traffic calming, and to protect the capability of state and local roads to conduct vehicular, bicycle, and pedestrian traffic smoothly, safely, and efficiently. To minimize or prevent adverse impacts to neighborhood character from excessive traffic or on-street parking. To encourage alternatives to single-occupant vehicle travel. To encourage pedestrian access to scenic, historic, recreational, and natural areas.

c.

Health: To minimize or prevent adverse impacts in air quality, light and glare, and noise.

d.

Public services and utilities: To minimize or prevent adverse impacts to existing public services and facilities, including sewers, storm drains, solid waste disposal systems, parks, schools, streets, and services. To promote energy conservation when feasible.

e.

Land use planning: To ensure that proposed uses are reasonably compatible with surrounding uses and are consistent with city zoning and master plan goals. To discourage unlimited commercial "strip development" and curb cuts along highways, to provide for commercial development that is sensitive to Newburyport's distinct community character and diverse but consistent architectural framework, and to provide for industrial growth in nodes and clusters.

f.

Open space and environmental protection: To preserve open space, public access, and scenic views to the Merrimack River, and for the protection of natural features and other environmentally sensitive areas. To prevent against erosion and adverse drainage impacts. To minimize the loss of wildlife habitat and other vegetation which have substantial aesthetic, educational, ecological, and/or economic value.

(Ord. of 10-28-02(3))

Major and minor projects: site plan review shall be required for any structure intended for residential use which includes five (5) or more residential units on one property and for any and all other new nonresidential uses or structure(s) including, but not limited to, industrial/infrastructure, marine, business or institutional/government/medical use(s).

The following criteria shall be used to determine whether the proposed project is reviewed as a major or minor project.

a.

Major projects: Within a two-year period after the date of the most recent application for a building permit for any portion of the property, any project which consists of changing the outside appearance of a building and/or includes one or more of the following is considered a major project subject to site plan approval from the planning board:

1.

Construction of one thousand (1,000) or more square feet of gross floor area;

2.

Exterior remodeling or renovation of an existing structure that exceeds twenty-five (25) percent of the existing gross floor area;

3.

Construction of a drive-through facility;

4.

Construction of ten (10) or more new or additional parking or loading spaces;

b.

Minor projects: Any project not included within the definition of a major project which involves one or both of the following is considered a minor project subject to site plan review by the planning board.

1.

Alterations, expansions, additions, or renovations that are less than five thousand (5,000) square feet gross floor area on any properties located within the "I-1" or "I-1B" industrial zoning districts that do not abut a residential zoning district.

2.

Construction of less than ten (10) off-street parking or loading spaces.

(Ord. of 10-28-02(3))

a.

Building commissioner review: An applicant shall file a building permit application with the building commissioner. If the commissioner determines that a site plan review or special permit with site plan review is required, the applicant shall submit the appropriate application to the planning board. The building commissioner will make a determination if the proposed project is a major or minor project.

b.

Pre-application conference: Prior to submission of an application it is strongly recommended that the applicant confer with the planning board to determine the applicability of the information requirements of this subsection and to obtain other information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys and other data. If the applicant schedules a pre-application conference, the planning board suggests that the information provided by the applicant be designed to assist the planning board to understand the scope and impact of the project. Said information may include a conceptual drawing of the proposed project indicating general building design, potential locations of curb cuts, parking areas, signs, and wetlands, the location and type of surrounding uses and information regarding environmental access or infrastructure issues relevant to the project.

c.

Application for site plan review—Major projects: The site plan review process is comprehensive review carried out by many city boards and departments to insure compliance with the zoning ordinance and performance standards of site plan review. The following steps shall be followed for review of a major project:

1.

The current owner of record or an authorized representative shall submit application for site plan review to the planning board that is time-stamped at the city clerk's office. The application shall include an administrative filing fee in accordance with the schedule established by the planning board and one (1) original and ten (10) copies of the site plan and all supporting material. If requested by the planning board, the application shall also include a technical review fee for reviewing specific design or engineering elements of the proposed development subject to M.G.L.A. c. 44 § 53G.

2.

Prior to scheduling a public hearing for the project, the board shall determine if the application is complete, including the requirements in section XV-E, within thirty (30) days of submittal of the application or at the next regularly scheduled planning board meeting, whichever is first. If it is determined that the application is incomplete, the board shall notify the applicant in writing of what areas of the application are incomplete and take no further action on said application. An application, which is determined to be incomplete, may be revised and resubmitted at a subsequent meeting of the board.

• Note, for any additional information required under section XV-E.b., the board shall determine if the application is complete prior to the close of the public hearing.

3.

Within seven (7) days of receipt of a complete application, the planning board shall transmit a copy to the planning director, sewer and water department, board of health, building commissioner, fire department, department of public works, police department, conservation commission, and planning office.

4.

The boards and departments herein named shall review the application and report their recommendations in writing to the planning board no later than twenty-one (21) days after receipt of the complete application.

5.

The planning board shall schedule a public hearing within thirty (30) days of the submission of the completed application. The notification requirements for the public hearing shall conform to the requirements of section X.J of this ordinance.

6.

The planning board shall close the public hearing with forty-five (45) days of the public hearing unless the applicant has formally requested an extension of time.

7.

The planning board shall render and file a written decision with the city clerk within thirty (30) days of the completion of the public hearing, except where an applicant has formally requested an extension of time. If the board fails to file a written decision with the city clerk and the person submitting the plan of its action within the required time limit, or such further time as is mutually agreed upon by the applicant and the board, the plan shall be deemed approved.

8.

Where the zoning boards of appeals (ZBA) is the permit granting authority for special permits or use variances, the planning board may request a joint public hearing be held with the ZBA.

9.

Application for special permit or variance: An application for a special permit or a variance to perform work as set forth in a site plan approval shall be accompanied by an approved site plan; in the alternative, any special permit or variance granted for such work shall contain the following condition: The work described herein requires the approval of a site plan by the planning board pursuant to section XV of this ordinance. Any conditions imposed in such site plan approval shall also be conditions of the special permit/variance.

10.

Where the planning board approves a site plan "with conditions", and said approved site plan accompanies a special permit or variance application to the ZBA, the conditions imposed by the planning board shall be incorporated into the issuance, if any, of a special permit or variance by the ZBA.

11.

Where the planning board serves as the special permit granting authority for the proposed work, it shall consolidate its site plan review and special permit procedures. The application shall include a written extension of time to follow the procedures and timelines required under the special permit process.

d.

Application for site plan review—Minor projects: Minor projects shall submit an application to the planning board that is time-stamped at the city clerk's office. Submitted plans should be complete but flexible, as the board may recommend changes to the plan. In accordance with section XV-D.c., the board may require a technical review fee in appropriate circumstances subject to M.G.L.A. c. 44 § 53G. A number of meetings with the applicant are sometimes held, often at the applicant's request to resolve design issues.

1.

The current owner of record or an authorized representative shall submit application for site plan review to the planning board. The application shall include one (1) original and three (3) copies of the site plan and all supporting material.

2.

Prior to reviewing the application for the project, the board shall determine if the application is complete, including the requirements in section XV-E, within thirty (30) days of submittal of the application or at the next regularly scheduled planning board meeting, whichever is first. If it is determined that the application is incomplete, the board shall notify the applicant in writing of what areas of the application are incomplete and take no further action on said application. An application, which is determined to be incomplete, may be revised and resubmitted at the applicant's discretion.

3.

The board may designate the planning director to review the plan on its behalf and make a written recommendation to the planning board.

4.

Within thirty (30) days of receipt of the complete application, the board or planning director shall utilize sections XV-G and H to review and approve the project. Such action shall take place at a regularly schedule meeting and no public hearing is required.

5.

The planning board shall render and file a written decision with the city clerk within thirty (30) days of reviewing the application, except where an applicant has formally requested an extension of time. A copy of said decision shall be transmitted to the building commissioner forthwith. If the board fails to file a written decision with the city clerk and the person submitting the plan of its action within the required time limit, or such further time as is mutually agreed upon by the applicant and the board, the plan shall be deemed approved.

(Ord. of 10-28-02(3))

A registered architect, landscape architect, or professional engineer shall sign and date and place their seal upon all pertinent documents and plans unless the planning board waives this requirement because of unusually simple circumstances pursuant to section XV-F. All original site plans shall be prepared on standard 24" x 36" plan sheets at a minimum scale of l" = 40'. Elevations, drawings, where required, shall be drawn at a minimum scale of l" = 8'.

a.

Submission requirements: The following information shall be included on the site plan for a major or minor project. Any of the following information submitted to another city board or commission in connection with the proposed project, may be submitted to the board in lieu of the following:

1.

Location and boundaries: The location and boundaries of the lot, zoning district, adjacent streets or ways, applicable information from section VI, Dimensional Controls, the location and owners' names of all adjacent properties. Plans shall also show any deeds of easement, right-of-ways, covenants and any other agreements affecting the use of the site.

2.

Structures: Existing and proposed structures, including dimensions, footprint, total gross floor area, number of stories, floor elevations, and building height(s). See section II, Definitions.

3.

Signage: The location, dimensions, height, lighting, and other characteristics of all proposed signs.

4.

Landscaping: Proposed landscape features including the locations and a description of buffer areas, screening, fencing, and a planting plan. A registered landscape architect shall prepare a planting plan, unless the planning board deems a licensed plant nursery person appropriate for small projects such as minor additions or alterations.

5.

Traffic: The plan shall show pedestrian, bicycle, and vehicular traffic flow patterns and show adequate access to and from the site and adequate circulation within the site. The planning board encourages accommodation of public transportation and/or private vanpooling arrangements.

6.

Parking: The location of parking and loading areas, driveways, access and egress points, bicycle racks, and bus stops or drop-off areas.

7.

Public access: The location and description of proposed public access areas, including parks, conservation areas, gardens, bikeways, pathways or sidewalk areas. Riverfront sites shall include indications of compliance with state and federal regulations.

8.

Lighting: Existing and proposed exterior lighting, including locations, lighting source, and fixture types. The planning board may require photometric analysis of proposed lighting.

9.

Topography: Existing and proposed topography of the site including contours (two foot intervals), the location of wetlands streams, water bodies, aquifers, aquifer recharge areas, drainage swales, areas subject to flooding, and unique natural land features, including all stonewalls, trees over eight (8) inches in caliper, and the general location of the tree line.

10.

Water and waste disposal, drainage and other utilities: The locations and description of all existing and proposed septic systems, sanitary sewer water supply, storm drainage systems (including method and calculations for 10- and 100-year storm events), utilities, refuse and other waste disposal methods.

b.

Narrative submittals—Major projects: For major projects, the planning board may require the materials or information listed below as it deems necessary. If not requested at the time of the public hearing, this information shall be requested not more than 30 days from the date of commencement of the public hearing and will not extend the review period, unless mutually agreed.

1.

Surface and ground water pollution: A report on the impact of storm water runoff on adjacent and downstream water bodies, subsurface ground water, and water tables.

2.

Soils: A report on the potential erosion and sedimentation caused by the operation and maintenance of the proposed development and the mitigation efforts proposed. To this end, high intensity soil mapping, i.e., test borings and analysis, may be required.

3.

Environmental and community impact analysis: For projects with significant environmental impact to wetlands, floodplains, or other sensitive resources the board may request a report following the submission requirements of section 5.6 of the Newburyport Subdivision Rules and Regulations, including a report on the relationship of the proposed development to the natural and man-made environment, and compatibility of the proposed development with adjacent or surrounding land uses and neighborhoods. This analysis shall be a guide to the planning board in its deliberations and will build into the board's decision-making process consideration of the environment and community impacts of the proposed development. An EIR required through the MEPA process, which addresses the planning board's concerns, may be substituted in lieu of this report.

4.

Traffic impacts: A report on existing pedestrian and vehicular traffic volume, composition, peak hour levels, and existing street and sidewalk capabilities, analysis of existing and resulting level of services (LOS) for the following:

i.

The nearest and/or most impacted public roadway intersection.

ii.

The estimated average daily traffic generation, including composition and peak hour levels.

iii.

The directional flows resulting from the proposed development.

iv.

Any proposed methods to mitigate the estimated traffic impact such as promoting the use of public transportation, or other appropriate means.

v.

The methodology and sources used to derive existing data and estimations.

vi.

The feasibility of traffic calming measures such as textured crosswalks, bike lanes, roundabouts, rumble strips, street trees, or bulb-outs.

vii.

A detailed traffic access and impact study may also be required for the project. At the applicant's expense, the planning board may engage a traffic consultant to review said report and make its recommendations to the planning board thirty (30) days before final action is required.

5.

Architectural style: Plans and other drawings shall include architectural elevations of all sides of all new buildings and of those sides of existing buildings which are proposed to be altered in any way. A registered architect who shall sign the plan and place his/her seal upon it shall prepare the renderings or elevations. The drawings shall be prepared at a minimum scale of ⅛" = 1' and shall show the following:

i.

Exterior material, including trim, and colors.

ii.

Type, pitch, and material of roofs.

iii.

Size, type, and spacing of windows, doors and other openings.

iv.

Size, location, colors, and copy of signs affixed to or hanging from the building.

v.

The relationship in massing, scale, and height to other existing structures in the immediate vicinity.

vi.

Elevations or renderings of new construction, renovation or expansions (or model may be provided at the option of the applicant).

vii.

Cross-sections of the site and buildings.

viii.

Product literature on proposed light fixtures.

6.

Other permits required:

i.

All completed or pending actions of the zoning board of appeals relative to the application, including an estimated schedule of application and approval.

ii.

A listing of state and federal permits, licenses, and approvals necessary, including chapter 91.

(Ord. of 10-28-02(3))

When reviewing minor or major projects, the planning board may waive any submittal requirements listed in section XV-E, it judges to be unnecessary to the review of small-scale developments or minor additions or expansions to existing facilities that will not have a significant impact both within the site and in relation to adjacent properties and streets on: pedestrian and vehicular traffic patterns; public services and infrastructure; environmental and historic resources; and abutting properties. Said waiver requests shall be made by the applicant in writing with stated reasons for requesting the waiver(s). The planning board shall grant such waivers in writing.

(Ord. of 10-28-02(3))

In reviewing and evaluating the site plan, and in making a final determination regarding site plan approval, the planning board shall require that the site plan promote the objectives set forth in sections XV-B and G, and comply with the development and performance standards contained in section XV-H. These standards embrace the following criteria:

a.

Community character: The proposed development:

1.

Minimizes obstruction of scenic views from publicly accessible locations;

2.

Minimizes impacts to important natural or historical features;

3.

Screens objectionable features such as large blank walls, open dumpster, loading or storage areas, from neighboring properties and roadways;

4.

Is in harmony with the architectural style of the adjacent buildings and immediate neighborhood;

5.

If located within the National Historic District, is consistent with the architectural style, scale, density, massing and setbacks in the district;

6.

Promotes a design and architectural consistency regarding the architectural value and significance of the site, building or structure, the general design, arrangement and texture, materials and color of the features involved and the relation of each feature to similar features of building and structures in the immediate neighborhood and surrounding area;

7.

Is appropriate in regards to the size and shape of the buildings or structures both in relation to the land area upon which the building or structure is situated and to the adjacent buildings and structures within the neighborhood.

b.

Traffic, parking, and public access: The proposed development:

1.

Minimizes vehicular traffic and safety impacts of the proposed development on adjacent highways or roads;

2.

Maximizes the convenience and safety of vehicular, bicycle, and pedestrian movement within the neighborhood and site;

3.

Minimizes adverse impacts on neighborhood on/off-street parking and includes incentives for the use of alternatives to single-occupant vehicles.

c.

Health: The proposed development:

1.

Minimizes adverse air-quality impacts, noise, glare, and odors;

2.

Provides for appropriate handling and disposal of hazardous materials and transmissions.

d.

Public services and utilities: The proposed development:

1.

Is served with adequate water supply, wastewater systems, and solid waste disposal systems;

2.

Is within the capacity of the city's infrastructure as defined by the water, sewer and DPW departments;

3.

Includes measures to prevent pollution of surface or groundwater, minimizing erosion and sedimentation, as well as measures to prevent changes in groundwater levels, increased run-off, and potential for flooding;

4.

Demonstrates an effort to conserve energy and water.

e.

Land use planning: The proposed development:

1.

Is consistent with the land-use goals of the city's master plan.

f.

Open space and environmental protection: The proposed development:

1.

Minimizes adverse impacts to open space usage and retention and is integrated into the natural landscape. Minimizes adverse environmental impacts to such features as wetlands, floodplains, and aquifer recharge areas and minimizes tree, vegetation, and soil removal, and grade changes;

2.

Proposes a landscape design that favors native and drought-tolerant species and avoids invasive plants.

(Ord. of 10-28-02(3))

In order to receive site plan approval, all projects or uses must demonstrate compliance with the following:

a.

Pedestrian and vehicular access and traffic impacts: Applicants must demonstrate that the project will minimize pedestrian and vehicular traffic and safety impacts on city roads. In the case of multi-tenant properties, these requirements are directed at the immediate vicinity of the proposed renovation, addition, expansion, or new building rather than the site as a whole.

1.

One access driveway per lot shall be permitted as a matter of right, except, the planning board may, in certain circumstances, require additional driveways as part of the site plan approval process where the access is shared or the project has frontage on two separate streets. To the extent feasible, access to businesses shall be provided via one of the following:

i.

Access via a common driveway serving adjacent lots or premises;

ii.

Access via an existing side street;

iii.

Access via a cul-de-sac or loop road shared by adjacent lots or premises.

2.

All proposed curb cuts shall be limited to the minimum width for safe entering and exiting, and shall in no case exceed 24 feet in width provided however; the board may require a curb cut to be up to 30 feet in width for commercial or industrial truck traffic. The location of driveway openings in relation to traffic and to adjacent streets must provide for the convenience and safety of vehicular and pedestrian movement within the site. The number of curb cuts on state and local roads shall be minimized.

3.

All proposed driveways shall be designed to afford pedestrians, bicyclists, and motorists exiting to public ways with safe sight distance. Improvements may be required on the public way for vehicular turning movements in or out of the site and safe pedestrian access to adjoining sidewalks, paths, walking trails or bikeways.

4.

The proposed development shall assure safe interior circulation by separating pedestrian and vehicular traffic within its site.

5.

All roadways and sidewalk construction within the site shall comply with sections 6.8, 6.9 (except for all I districts), 6.10 and 6.11, of the Newburyport Subdivision Rules and Regulations.

6.

Sidewalks, crosswalks, walkways, bike racks, or other pedestrian access may be required to allow access to adjacent properties and between individual businesses within a development. In addition, the proposed development shall include both: (1) the reconstruction, repair, and/or replacement, where appropriate, of all city-owned sidewalks actually adjoining the project site, in accordance with sections 12-54 and 12-55 of the Newburyport Code; and (2) the planting, preservation, and/or replacement, where appropriate, of street trees along all public rights-of-way actually adjoining the project site, in accordance with article VI of chapter 12 of Newburyport Code.

7.

If the property abuts a public bikeway/right-of-way, an improved access route to the bikeway may be requested.

8.

Unless a variance is granted by the ZBA pertaining to the requirements of section VII, proposed projects or uses must comply with the parking and off-street loading requirements in section VII.

9.

Where feasible, parking areas shall be located to the side or behind buildings so as to provide an appropriate setting for the building within the context of the site and neighborhood and allow parking areas to be shared with adjacent businesses. The planning board may require alternative parking lot layouts. Except where infeasible or inappropriate, all parking lots shall be accessible by driveways to the parking lots of adjacent nonresidential uses and land zoned for nonresidential uses.

10.

Except where physical constraints, site configuration, or safety considerations preclude strict compliance, no parking or loading shall be permitted within the required front yard setback.

11.

Traffic calming measures such as crosswalks, bike lanes, rumble strips, and landscaped islands may be required.

12.

All off-site construction on state roadways shall comply with the Department of Massachusetts Highway Department (MHD) standards, specifications, or special conditions as applicable as well as requirements listed under CMR 521 as amended for the Massachusetts Architectural Access Board (MAAB) unless waived by MHD and or MAAB.

b.

Site plan and architectural design: The following guidelines are for multi-family residential, institutional, and commercial building design. These guidelines will be used by the board to establish a framework for compatible infill or redevelopment. The purpose of these guidelines are to enhance and strengthen Newburyport's distinct community character as a traditional New England urban village with a diverse architectural heritage that evolved over many historical periods. This heritage includes many distinctive brick industrial-era mill buildings as well as a wide array of Federalist, Colonial, Georgian, Greek Revival, Victorian, and other architectural styles.

Recognizing the historical importance of consistency in basic design elements such as building materials, massing, scale and articulation, applicants are strongly encouraged to incorporate these basic design elements in the design for new construction and renovation of older buildings. In this manner, the unique features of each neighborhood can be enhanced to promote a design and architectural variety that strengthens the overall character of Newburyport.

In determining the appropriateness of buildings, the basic design elements of proposed buildings should be evaluated in relation to existing adjacent or surrounding buildings. In most cases, to be considered appropriate, new buildings shall respect the architectural character of adjacent buildings or, in the case of multi-tenant commercial centers, the overall architectural theme of the center. Importantly, when new buildings or additions are considered compatibility rather than conformity is desired.

The planning board will use the basic design elements listed below when reviewing applications for new developments or renovations for non-industrial buildings:

1.

Height;

2.

Bulk and general massing (footprint, shape, articulation, or detail);

3.

Major divisions or rhythms of the facade (height and width proportions, building lines, etc.). Where appropriate large continuous buildings shall be avoided and massing of buildings should be broken or staggered to reflect the historic scale of existing buildings and traditional development patterns in Newburyport;

4.

Rhythm of openings (i.e. # windows, spacing, window and doors relationships);

5.

Roof treatments (slope, articulation, surface). Rooftop mechanical equipment shall be screened from view by roof forms or other appropriate screening devices;

6.

Materials, colors, and textures of building and signage. In general, natural materials such as stone, brick, wood siding, shingles, slate, etc. are preferred to industrial or artificial materials such as exposed concrete, anodized or galvanized metal, tinted glass, plastics, vinyl, etc.;

7.

General architectural character: The planning board shall not consider interior arrangement or architectural features not subject to public view from a public way or public property. Building design shall be compatible with the vernacular structure, historic character, and scale of buildings in the surrounding neighborhood including the following design elements:

i.

Horizontal or vertical emphasis of building;

ii.

Scale (height and width proportions);

iii.

Stylistic features and themes (i.e. porches, colonnades, pediments, cupolas, cornices, coins, detail, and other ornamentation);

iv.

Setbacks (relation to neighboring properties and the public way or street). Where feasible buildings shall be located away from sensitive areas so as to preserve open space and natural scenic views;

v.

All proposed structures within a local historic district shall require a certificate of appropriateness from the historical commission.

vi.

The planning board may request dimensional and setback requirements in addition to those required by this ordinance, in order to address the intent and purposes of site plan review if said additional setbacks do not alter the allowed use, diminish the permitted intensity of use, or cause the applicant to seek additional forms of regulatory relief.

c.

Lighting: Protection of adjoining premises or open space areas against detrimental off-site glare or spillover light.

1.

The goal of exterior lighting shall be to make development safe and identify and accent key elements in the project's design.

2.

Lighting poles and structures should be appropriately scaled and styled for the project. Pedestrian areas should have poles ten (10) to twelve (12) feet high and parking areas should have poles eighteen (18) to twenty-two (22) feet high. The pole heights should determine the overall spacing of the poles and fixtures shall be of the cutoff luminarie type. Off-site illumination to adjacent properties shall not exceed 0.2-foot candles as measured at the property line. Lamp type should be metal halide to provide a natural uniform quality of light. Parking and pedestrian light fixtures should be compatible with the building lighting to provide for a contiguous appearance of the project.

3.

If requested by the board, a registered engineer or a lighting consultant shall prepare a photometric analysis of site lighting.

d.

Landscaping:

1.

Except for zoning districts where the setback requirements are less than 20 feet, a landscaped buffer strip at least twenty (20) feet wide, continuous except for approved driveways, shall be established adjacent to any public road to visually separate parking and other uses from the road. Unless waived by the board due to safety, pedestrian uses, or lot shape, the buffer strip shall be planted with grass, medium height shrubs, and shade trees having a minimum 3 inches in caliper planted at least every thirty (30) feet along the road frontage. At all street or driveway intersections, trees or shrubs shall be set back a sufficient distance from such intersections so that they do not present an obstruction to sightlines.

2.

Except for zoning districts with no side-yard setback requirements, a continuous landscaped buffer strip between business and industrial districts and any residential districts and/or property lines shall be provided for new development and maintained in perpetuity. In particular, circumstances where said buffer strip may be impractical to apply, given safety, land use, permitted setbacks, lot shape or historic preservation considerations, the planning board may vary the landscape buffer requirements. The landscape buffer strip shall be of a density to substantially screen the development in question from view, along the zoning district line in question. Plantings of various approved evergreen species is encouraged and shall be planted at a minimum height of six (6) feet. Fencing may be allowed in lieu or in conjunction with plantings. Design and height of said fencing shall be subject to the approval of the planning board.

3.

Other than for existing retaining walls, new retaining walls shall be constructed to a maximum height of six (6) feet. If site conditions require elevation changes of greater than six (6) feet, retaining walls shall be terraced and landscaped. New retaining walls facing residential districts shall be solid fieldstone or fieldstone veneer or other similar material. Unless used within the industrial districts, vertical cast in place concrete or concrete blocks shall not be permitted.

4.

Surface parking lots containing over 20 spaces shall have at least one shade tree per ten (10) parking spaces, such trees to be a minimum of 2½ inches in diameter and located either in the parking area or within 10 feet of it. At least 5% of the interior of the parking area shall be maintained with landscaping, including trees, in landscape islands or plots of at least nine (9) feet in width with no more than 20 parking spaces between each island or plot. Trees shall be located to provide visual relief from sun and wind interruption within the parking area and assure safe patterns of internal pedestrian and vehicular traffic. Other traffic calming measures such as crosswalks, bike lanes, rumble-strips, and landscape islands may be required as necessary.

5.

Exposed storage areas, machinery, service areas, truck loading areas, utility buildings and structures and other unsightly uses shall be screened from view from neighboring properties and streets using dense, hardy evergreen plantings, or earthen berms, or wall or tight fence complemented by evergreen plantings

6.

All landscaped areas shall be properly maintained. Shrubs or trees, which die within the first year, shall be replaced within one growing season as a condition of approval. The board strongly encourages the use of drought resistant native plant species.

e.

Storm water runoff: The site plan shows or includes adequate provisions for measures to prevent pollution of surface or groundwater, minimizing erosion and sedimentation, and measures to prevent changes in groundwater levels, increased run-off, and potential for flooding. The plan shall include:

1.

A plan consistent with the Massachusetts Storm-Water Management Policy (SWMP), where the rate of surface water run-off from the site shall not be increased after construction. If needed to meet this requirement and maximize groundwater recharge, increased run-off from impervious surfaces shall be recharged on site by being diverted to vegetated surfaces for infiltration or through the use of subsurface infiltration systems, retention or detention ponds. Dry wells shall be used only where other methods are unfeasible and shall require oil, grease, and sediment traps to facilitate removal of contaminants. The plan shall also be consistent with the Phase III National Pollution Discharge Elimination System (NPDES) requirements as adopted by the City of Newburyport.

2.

Neighboring properties shall not be adversely affected by excessive run-off.

3.

A detailed stormwater management plan will also be required.

f.

Water quality: Groundwater recharge shall be maximized and groundwater quality shall be protected. Various techniques may be required to maximize recharge, such as perforated drainpipes, reduction of paved areas, and reduction of building coverage. Installing grease traps, and/or gas/oil separators to improve water quality may also be required. Where the groundwater elevation is close to the surface extra site grading precautions may be taken to maintain the protective function of the overburden.

g.

Wetlands: In order to minimize design and permitting conflicts, when wetland replacement or mitigation is required, the application shall include, if completed, a copy of the plan submitted in accordance with the regulations of the Newburyport Conservation Commission.

h.

Erosion control: Erosion of soil and sedimentation of streams and water bodies shall be minimized using the following erosion practices:

1.

Exposed or disturbed areas due to stripping of vegetation, soil removal, and regrading shall be permanently stabilized within six months of occupancy of a structure.

2.

During construction, temporary vegetation and/or mulching shall be used to protect exposed area from erosion. Until a disturbed area is permanently stabilized, sediment in run-off water shall be trapped by using staked hay bales or sedimentation straps.

3.

Permanent erosion control and vegetative measures shall be in accordance with the erosion/sedimentation/vegetative practices recommended by the soil conservation service.

4.

All slopes exceeding fifteen (15) percent resulting from site grading shall be both covered with four (4) inches of topsoil and planted with a vegetative cover sufficient to prevent erosion or to be stabilized by a retaining wall.

5.

Dust control shall be used during grading operations if the grading is to occur within two hundred (200) feet of an occupied residence or place of business. Dust control methods may consist of grading fine soils on calm days only or dampening the ground with water.

i.

Environmental performance standards: All projects shall conform to the requirements defined under section XI of this ordinance. The storage, use, transportation, and removal of all hazardous materials and explosive materials shall be consistent with the requirements specified by the Newburyport Fire Department and city council plus all relevant state and federal regulations.

j.

Utilities:

1.

Except for preexisting overhead connections, all electric, telephone, cable TV and other such utilities shall be underground from the roadway utilities.

2.

In order to minimize design and permitting conflicts, the applicant must demonstrate that the proposed development will be permitted to connect to the public sewer, water, and other service systems. If sewerage is to be treated on site, the application shall include, if completed, a copy of the plan submitted in accordance with the regulations of the board of health.

k.

Waterfront marine districts: In order to insure that a project's scale, configuration, siting and overall design is compatible with existing structures in the vicinity of the proposed project and with the historical character of the downtown area in the WMU and the WMD districts, the following conditions shall apply:

1.

Building orientation: Buildings and additions should be sited and configured to maximize visual access to the Merrimac River. In general, the long dimension of a building should be perpendicular to the river and the river view corridor from Merrimac St. and Water St. should be kept open as reasonably possible. An explanation of how the proposed siting enhances and protect river views shall be included in the application. The application shall include photographs of the site showing the existing views to the river as well as a drawing showing the location of the proposed development in relation to existing and proposed views to and from the Merrimack River.

2.

Building height: Building height shall conform to the table of dimensional and density regulations.

3.

General building design: The following building design considerations are strongly encouraged in the WMU district:

i.

Architectural elements such as chimneys, parapets, dormers and cupolas;

ii.

The use of natural materials such as masonry, stone, brick and wood as primary facing or siding material;

iii.

Vertically proportioned double hung sash windows;

iv.

Wood storefronts and entrances.

4.

For marina or docking facilities the application shall include the following additional information:

i.

A plan of the proposed facility and the location of all boats;

ii.

A parking plan for the created off-street parking;

iii.

A plan indicating the shore frontage to be used and any alterations required;

iv.

Any other docking or mooring facility existing or planned with one hundred (100) feet of the outermost edge of the proposed facility;

v.

The upland water storage location of any docks, floats, boats, and associated equipment.

5.

Floodplain: Properties within a floodplain zone must comply with section XIII of this ordinance.

l.

SPR requirements for the WMU district: The following conditions shall apply within the WMU district, which shall apply instead of the development and performance standards enumerated in XV-H.k.

i.

Building orientation: Buildings should be sited to maximize views of the Merrimack River from Merrimac Street and Water Street, especially along existing and new public rights-of-way and/or pedestrian ways running perpendicular to the water's edge. Views of the Merrimack River from a street parallel to and closest to the water's edge should be encouraged by orienting buildings on the water-side of such street so they are perpendicular to the Merrimack River.

ii.

Building height: Building height is measured from the mean grade elevation (average grade around perimeter of building) to the mean roof elevation (one-half the vertical distance from eave to ridge), except that building height for a parking structure with an open roof and parapet design shall be measured to the upper plane of the top floor of the upper parking level. Except for roof decks less than ten (10) percent of the area of the building footprint, a roof dormer located along the public way may not exceed the mean roof elevation for more than thirty (30) percent of the total roof area measured on that side of the roof pitch in which such dormer is located and shall not include more than two ganged windows. Recessed dormers may be permitted along the rear side of the building and the use of skylights along the public way is strongly encouraged to maintain the historic roof patterns of the downtown business districts. Furthermore, the roof heights of buildings and top cornice heights that front on public ways running perpendicular to the water's edge should follow the natural declining slope of the site, in stepped increments, as they approach the water's edge. Each such horizontal stepped increment shall be no longer than sixty (60) feet in length.

iii.

Building design: The following design standards are strongly encouraged in the WMU district:

a.

Continuous street facades with firewalls between adjacent buildings;

b.

The use of pedestrian passageways within and between buildings to provide access and views to and from rear lots similar to State and Inn Streets;

c.

All buildings should front directly on the public street or on a private street or pedestrian walkway with front doors;

d.

Service access should be provided to the rear wherever possible;

e.

Buildings that front on sloping streets should step down the slope and have entrances at grade. Blank walls emerging from the slope should be minimized;

f.

A traditional pattern of vertically proportioned double-hung sash framed windows and doors facing all public ways is recommended;

g.

New buildings or additions should be harmonious with the scale, proportion, materials and color of the existing Federalist buildings in downtown Newburyport. They should be compatible in size, scale, material, color, and character of the existing historic buildings downtown. The use of natural materials such as masonry, stone, brick and woods as primary facing or siding is recommended. For additions to existing historic structures, compatibility should be based on the specific style and massing of the original structure and the surrounding neighborhood context;

h.

Consistent with the historic character of existing buildings within the downtown business district, the roof forms of all buildings, except parking structures, shall be encouraged to be sloped, pitched or mansard. However, limited use of flat roofs may also be permitted by the board;

i.

Large buildings for residential uses and business uses shall be encouraged to be articulated to create an image of smaller buildings attractively joined together through architectural means such as varied building setbacks, bay treatments or top cornice heights and styles.

j.

The buildings and top cornice heights that front on public ways running parallel to the water's edge should have varied heights and styles.

iv.

Public street water vista view termination: New public streets constructed perpendicular to the water's edge shall terminate in water views.

v.

Public streets and public pedestrian alleyways: Proposed public and private ways shall conform to Section 6.8 Street Design Standards in the Newburyport Subdivision Regulations, as amended.

vi.

Above grade or underground parking structures or facilities/ground floor use: Parking Structures, whether above grade or partially below grade, fronting on Merrimac Street, Water Street, Green Street extension, and/or along a street or pedestrian way along the waterfront shall include active ground floor commercial uses along a minimum of fifty (50) percent of the structure's length facing such public right-of-way or street.

vii.

Ground floor uses: The ground floor use of all buildings fronting Merrimac Street, Green Street extension, or a street along the water's edge should be devoted to hotel, commercial, retail, or restaurant use and incorporate glazed storefront windows and shop entry doors in keeping with traditional architectural styles found elsewhere in downtown, except that twenty (20) percent of such ground floor area shall be permitted to be accessory to any upper level uses which are not otherwise permitted on the ground floor. Such ground floor uses are desirable, but not required along all other public ways and pedestrian ways.

viii.

Waivers: With respect to the requirements of this section XV-H.l, waivers may be authorized by the planning board upon the planning board's finding that the proposed waiver will be consistent with and substantially advance the intent of the Zoning Ordinance.

m.

SPR requirements for the WWOD-SP:

1.

Site plan approval for a WWOD-SP shall be subject to the following, which shall apply instead of the development and performance standards enumerated in XV-H.k. The SPR procedure for a WWOD-SP shall consist of SPR review as provided for in section XXIV and this section. Site plan approval for projects within the WMU district shall also be subject to the following where indicated herein and to the extent these requirements and/or standards are inconsistent with section XV-G or XV-H.k.

2.

WWOD-SP master plan site plan review: A master plan shall be prepared and submitted for the planning board's SPR under the major project procedures of section XV-D(c) for the development and/or redevelopment of a WWOD-SP area in its entirety, even if such property(ies) is/are developed incrementally over an extended period of time. The master plan shall illustrate both the initial development proposal as well as developments intended to be implemented over time.

The master plan submitted for SPR shall include the submittal requirements in section XV-E(a) and (b), except the requirements listed in section XV-E(a)(3) and a narrative and illustrative submittals on urban design objectives and architectural design standards (including all buildings, open space improvements and proposed signage) shall be submitted instead of the plans and other drawings listed in section XV-E(b)(5). In addition to such, the master plan shall include a context map indicating adjoining properties and streets; the proposed sequence of development; an illustrative timetable for development; the proposed location of all streets, walkways, and open spaces, proposed topography, lot layout, landscaping, signs, lighting and utilities; building locations, design and heights, presented at a level of conceptual design plans; parking locations and amounts, including the manner in which parking requirements will be met prior to full build-out of the development; required easements and deeded areas; view corridors to be fully established and preserved from Merrimac Street toward the water; and a listing of all waivers requested.

3.

WWOD-SP building permit review: The submittals for building permit approval shall include the submittal requirements of section XV-E(a)(3) and section XV-E(b)(5) and certification documenting the manner in which the requirements of the WWOD-SP, including the off-street parking requirements, are met by each application for a building permit.

(Ord. of 10-28-02(3); Ord. of 2-14-05, § A; Ord. of 6-13-16(4))

Final action of the planning board shall include one of the following:

a.

Approval based on a determination that the proposed project complies with the criteria and design performance standards set forth in this ordinance.

b.

Approval subject to any site plan and design performance conditions, modification, and restrictions the planning board may deem necessary to ensure the health, safety, and general welfare of the community.

c.

A disapproval of the application for the reasons of an incomplete application or determination that the plan, although proper in form, is so intrusive on the interests of the public in one or more aspects regulated by this ordinance, that no reasonable terms or conditions can be devised to adequately protect the interests of the public.

(Ord. of 10-28-02(3))

Appeal of the planning board decision shall be made directly to a court of competent jurisdiction in accordance with the provision of M.G.L.A. c. 40A, § 17.

(Ord. of 10-28-02(3))

a.

Performance guarantee: The planning board may require that the applicant file with the board, as a condition of approval, a bond, or other such surety acceptable, in form and amount, to the planning board. This surety is to cover costs of non-building construction including, but not limited to, streets, utilities and other site improvements, erosion control measures and off-site environmental impacts, which left incomplete or improperly constructed, present a public health and safety hazard or nuisance. Further, a performance agreement between the applicant and the city will specify the manner is which the on or off-site improvements will be completed and the specific manner and time frame in which the surety will be released.

b.

Release of performance guarantee: Upon completion of all or a portion of the improvements required by a performance agreement entered under this ordinance, the applicant may request either partial or full release of his/her bond, or other such surety as has been posted by the applicant pursuant to this ordinance by sending a statement of completion and request for release by certified mail to the planning board and to the city clerk. If the planning board or its consulting engineer or designated representative, determines that said construction has been completed, it shall release the interest of the city in such bond or other security and return it to the person who furnished it.

c.

Refusal of release: If the planning board determines that said site improvements have not been either fully or adequately completed, it shall specify in a notice sent by registered mail to the applicant and to the city clerk the details wherein said site improvements fail to comply with the requirements of this ordinance.

(Ord. of 10-28-02(3))

a.

Prior to the start of construction, an inspection fee may be requested by the board subject to M.G.L.A. c. 44 § 53G.

b.

Record plans stamped by a professional engineer showing new construction, renovation or expansion shall be submitted to the building commissioner and the planning board. Said plans shall contain a certification that what was constructed is consistent with approved plans and conditions set forth by the planning board as part of site plan review.

c.

Prior to the granting of an occupancy permit, the planning board shall require a registered architect or civil engineer to certify in writing to the building commissioner that the project has been constructed in accordance with the approved plans and conditions. To facilitate planning board review, the developer shall be required to complete and submit to the planning board Form K of the subdivision rules and regulations, as applicable.

d.

The planning board may require the developer to submit all drawings and plans in computer aided drafting (CAD) formats. Specific file format shall be .DXF unless otherwise allowed.

e.

Prior to issuance of the building permit, the following shall be submitted to the city solicitor for review:

1.

Any articles of incorporation of a landowner's association and the bylaws of the association;

2.

Any agreements between the applicant and the city regarding public improvements or other matters;

3.

Any deeds of land to be conveyed to the city for streets, parks, or other public purposes.

f.

No building permit shall be issued unless both: (i) the department of public services has certified in writing to the planning board that all public utilities and work involving city-owned sidewalks have been reviewed and approved by such department, and that the proposed utilities will be installed in accordance with plans submitted with the application; and (ii) the tree warden has certified in writing to the planning board that work involving street trees has been reviewed and approved by that officer and that it will be performed in accordance with plans submitted with the application.

g.

Final actions of all permits shall be filed with the planning board as a matter of record.

(Ord. of 10-28-02(3); Ord. of 6-13-16(4))

The provisions of this section are severable and, in the event that any provision of this section is determine to be invalid for any reason; the remaining provisions shall remain in full force and effect.

(Ord. of 10-28-02(3))