Purpose and general information.

Establishment. The Chapter 43D Priority Development Site Overlay District, hereinafter referred to as the PDSOD, is an overlay district identified as land situated at 1164 Main Street (Assessors' Map 1, Parcel 113); 1110 Main Street (Assessors' Map 1, Parcel 114); 1096 Main Street (Assessors' Map 1, Parcel 115); 1160 Main Street (Assessors' Map 1, Parcel 185); Parcel on Main Street (Assessors' Map 1, Parcel 199); 670 Linwood Avenue (Assessors' Map 5, Parcels 39 and 47) that is superimposed over the applicable underlying and other overlying zoning districts. A map delineating the PDSOD is on file in the Office of the Town Clerk and is hereby made a part of the Zoning Bylaw.

Underlying zoning. The PDSOD constitutes an overlay district superimposed on all applicable underlying and other overlying zoning districts. Except as otherwise provided in this Article or elsewhere in the Zoning Bylaw, the requirements of the underlying and other overlaying zoning districts, and all requirements and procedures pertaining thereto that are not inconsistent with this Article shall remain in full force and effect.

Priority development permit reviews and final decisions shall be completed within 180 days, subject to an extension provided for herein. The time period shall begin the day after the issuance of the notice that the application materials are complete. The Governing Body shall notify the applicant in writing within 20 business days from receipt of the completed application of additional information needed or requirements that it may specify. The resubmission of the application or the submission of such additional information required by the Governing Body shall commence a new 20-day period for review of the additional information.

If, at any time, an Issuing Authority determines that a permit or other predevelopment review is required which it did not previously identify, it shall immediately notify the applicant by certified mail and shall, where public notice and comment or hearings are not required, complete action on the application filed for the previously unidentified permit within 30 days of receipt of the completed application or not later than the latest required decision date for a pending permit, whichever is later. Where public notice and comment or hearing are required for the previously unidentified permit, the required action date shall be not later than 30 days from the later of the close of the hearing or comment period, which shall be scheduled to commence as quickly as publication allows. The failure of the Governing Body to notify an applicant of the requirement of a public hearing or comment period shall not constitute a waiver of the requirement.

The 180-day time period may be waived or extended for good cause upon written request of the applicant with the consent of the governing body or upon written request of the Issuing Authority with the consent of the applicant. The 180-day period may be extended for up to 30 days by the Governing Body in the event an additional permit or other predevelopment review is required if the requirement for the previously unidentified permit or review has been determined no less than 150 days after the issuance of a notice of completeness. The 180-day time period shall be extended when the Issuing Authority determines (1) that action by another federal, state or municipal government agency is required before the Issuing Authority may act; (2) that judicial proceedings affect the ability of the Issuing Authority or applicant to proceed with the application; or (3) that enforcement proceedings that could result in revocation of an existing permit for the facility or activity or denial of the application have been commenced. In those circumstances, the Issuing Authority shall provide written notification to the Secretary. When the reason for the extension is no longer applicable, the Issuing Authority shall immediately notify the applicant, and shall complete its decision within the time period specified in this section, beginning the day after the notice is issued.

An Issuing Authority may not use lack of time for review as a basis for denial of a permit if the applicant has provided a complete application and met all other obligations in accordance with this Article.

Failure by any Issuing Authority to take final action on a permit or approval within the 180-day period or extended time, if applicable, shall be considered a grant of the relief requested of that Issuing Authority. In that event, within 14 days after the date of expiration of the time period, the applicant shall file an affidavit with the Town Clerk, attaching the application, setting forth the facts giving rise to the grant and stating that notice of the grant has been mailed, by certified mail, to all parties to the proceedings and all persons entitled to notice of hearing in connection with the application.

The grant shall not occur where: (1) the Governing Body has made a timely determination that the application is not complete in accordance with its requirements and notified the applicant as set forth herein and the applicant has not made a timely response to complete the application; (2) the Governing Body has determined that the final application contained false or misleading information; or (3) the Governing Body has determined that substantial changes to the project affecting the information required to process the permit application have occurred since the filing of the application.

Permits shall not transfer automatically to successors in title, unless the permit expressly allows the transfer without the approval of the Issuing Authority. Issuing Authorities having substantive jurisdiction over permit issuance may develop procedures for simplified permit renewals and annual reporting requirements. If the procedures are not developed, renewals of permits shall be governed by the same procedures and timelines as specified in this Article and regulations adopted hereunder.

Issuing Authorities shall make a reasonable effort to review permit modification requests within as short a period as is feasible to maintain the integrity of the expedited permitting process. An Issuing Authority shall inform an applicant within 20 business days of receipt of a request whether the modification is approved, denied, determined to be substantial or additional information is required by the Issuing Authority in order to issue a decision. If additional information is required, the Issuing Authority shall inform an applicant within 20 business days after receipt of the required additional information whether the modification is approved or denied or that additional information is still required by the Issuing Authority in order to render a decision. In cases in which the Issuing Authority determines that a requested modification is substantial, the original review period for permit categories as set forth in this Article shall apply.

Permits issued pursuant to this Article shall expire 5 years from the date of the expiration of the applicable appeal period unless exercised sooner. Where permits cover multiple buildings, commencement and continuation of construction of one building shall preserve the permit validity. Changes in the law subsequent to the issuance of permits shall not invalidate the permits. Nothing in this section shall limit the effectiveness of MGL c. 40A, § 6.

The Town Planner shall serve as the Single Point of Contact for the purpose of coordinating and facilitating the expedited permitting process.

The Planning Board may periodically adopt or amend rules and regulations relating to the procedures under and administration of this Article, by majority vote of the Board, after conducting a public hearing to receive comments. Such hearing shall be advertised twice in a newspaper of general, local circulation, the first publication to be at least 14 days prior to the hearing date.