Norton City Zoning Code
ARTICLE XV
Site Plan Approval
§ 175-15.1 Purpose.
The purpose of Article XV, Site Plan Approval, is to ensure the impacts of proposed development, whether allowed as a matter of right or by special permit, are in accord with the purposes of the Norton Zoning Bylaw; that proposed development preserves and protects the natural environment; that proposed development adequately provides in its design and layout for the transportation, water supply, drainage, sewerage, open space, recreation and amenity needs of the occupants; that proposed development minimizes, to the maximum extent feasible, any adverse off-site impacts to public facilities and services; and that proposed development is in harmony with the existing neighborhood character and protects against adverse impacts to adjoining landowners.
§ 175-15.2 Compliance.
No building permit shall be issued for, and no person shall undertake, any use, alteration or improvement subject to Article XV, Site Plan Approval, unless an application has been prepared in accordance with the requirements of this article and unless such application has been approved by the Planning Board.
§ 175-15.3 Applicability.
Certain developments, changes in use, reconstruction, alterations or extensions of existing uses or structures shall be subject to site plan approval if they exceed a specific limit in any one of the following categories:
A.
Residential use: three or more attached residential units (detached single-family subdivision and one duplex unit are exempt).
B.
Nonresidential use: 2,500 or more square feet of floor space (Floor space requirements apply only to nonresidential uses; however, this category includes such uses as nursing homes, assisted-living facilities, hospices, boardinghouses, hotels, tourist homes, etc.) or 10 or more parking spaces.
C.
The following shall be subject to site plan approval in the Village Center Core District and supersede § 175-15.3A and B:
[Amended 10-17-2020 STM by Art. 4[1]]
(1)
All newly proposed or expanded top-of-the-shop housing or multifamily residential use;
(2)
5,000 or more square feet of floor space;
(3)
Twenty or more parking spaces;
(4)
More than one driveway:
(5)
Any use that requires a special permit;
(6)
In all other cases, the Inspector of Buildings/Building Commissioner and Planning Director must ensure compliance with § 175-15.6 and may still require site plan review by the Planning Board under Article XV if the Inspector of Buildings/Building Commissioner and Planning Director feels existing complexities with the site warrant such action.
D.
All drive-through facilities, as defined in Article II, Definitions, shall require site plan approval. This provision shall apply to drive-through facilities with less than 2,500 square feet and/or fewer than 10 parking spaces, which are normally exempt from site plan review.
E.
Construction activity, including clearing, grading and excavation, that results in land disturbance greater than or equal to one acre and construction activity that disturbs less than one acre if such activity is part of a larger common plan of development or sale that would disturb one acre or more that drains to the municipal separate storm sewer system. The following activities shall be exempt from regulation under this Subsection D: normal maintenance and improvement of land in agriculture or aquaculture as defined by the Wetlands Protection Act regulations, 310 CMR 10.04; maintenance of existing landscaping, gardens or lawn areas associated with a single-family dwelling; construction of fencing that will not substantially alter existing terrain or drainage patterns; construction of utilities other than drainage (gas, water, electric, telephone, etc.) which will not alter terrain or drainage patterns; and those activities as authorized in the Phase II Small MS4 General Permit for Massachusetts that are wholly subject to jurisdiction under the Wetlands Protection Act and demonstrate compliance with the Massachusetts Stormwater Management Policy as reflected in an order of conditions issued by the Norton Conservation Commission.
F.
Large-scale, ground-mounted solar photovoltaic installations.
G.
All "Marijuana Establishments;" and MTCs., as defined in Article II, Definitions, shall require site plan approval, including those with less than 2, 500 square feet and/ or less than 10 parking spaces that would otherwise be exempt from site plan review. All site plan applications submitted for Marijuana Establishments and MTCs under this section shall include all documents submitted to the Cannabis Control Commission for state licensing of the Marijuana Establishment or MTC, and the site plan review shall include review of the site plan' s satisfaction of the standards established by the Cannabis Control Commission regulations, 935 CMR 500. 00 et seq., 501. 00 et seg, and 502. 00 et seg as able as well as those submittals and reviews required under the Norton Town Zoning Bylaws.
[Added 5-14-2018 ATM by Art. 22, amended 10-17-2020 STM by Art. 6]
§ 175-15.4 Application for approval.
Each application for site plan approval shall be submitted to the Planning Board on a form provided by the Planning Board. The applicant shall submit to the Planning Board one copy of the application, eight copies of the proposed site plan and the required fee. The applicant shall also file one copy of the site plan with the following Town departments: Building Inspector, the Police Department, the Fire Department, the Conservation Commission, the Board of Health, the Water/Sewer Commission, Highway Department and such other departments or boards as the Planning Board may deem appropriate; and receipts of such filing shall be given to the Planning Board. Such agencies may, at their discretion, report to the Planning Board the results of their review of the site plan and may recommend conditions or remedial measure to mitigate the expected impacts of the proposed development.
§ 175-15.5 Fees.
As part of any application for site plan approval, an application fee shall be required to offset directly expenses the Town or Planning Board may incur in the administration and review of the application. The application fee shall be applied to costs associated with the administration of the site plan application and may include, but not be limited to, costs for legal notices, advertising costs, and public hearing costs. For site plans requiring a special permit, the Planning Board is authorized to retain professional planners, registered professional engineers, architects, or landscape architects, or other professional consultants to advise the Board on any aspect of plan review or construction activity. Such costs shall be borne by the applicant. Applicants who require site plan approval and a special permit shall establish a review account at the time the application is filed with the Planning Board. The Planning Board shall establish and may periodically amend a schedule of application fees and review deposits for all applications under this section. No application shall be considered complete unless accompanied by the required application fees and review deposits.
§ 175-15.6 Objectives to be met.
In evaluating and rendering a decision on a proposed development plan which requires site plan approval and/or a special permit, the Planning Board shall consider the degree to which the proposed development achieves the following objectives and may require conditions or modification to the proposed site plan to ensure the objectives are fulfilled:
A.
Natural environment:
(1)
Minimize tree, vegetation and soil removal; minimize the volume of cut, fill and grade changes; minimize the use of wetlands, steep slopes and floodplains; eliminate or minimize soil erosion and sedimentation by requiring an erosion and sediment control plan to be in place prior to and during construction;
(2)
Promote the infiltration and recharge of groundwater and control the volume and rate of stormwater runoff resulting from land disturbance activities by requiring a stormwater management plan which utilizes both structural and nonstructural best management practices (BMPs). When stormwater treatment is required pursuant to the Stormwater Management Bylaw, a stormwater system built in the Village Center Core District shall incorporate best practices to promote their function, beauty, and community gathering spaces including rain gardens, landscaping features, cisterns, permeable pavement, green roofs, and subsurface vaults;
[Amended 10-17-2020 STM by Art. 4]
(3)
Ensure adequate long-term operation and maintenance of stormwater management facilities by requiring inspection during construction and installation and by requiring an operation and maintenance plan;
(4)
Require practices to control waste such as discarded building materials, concrete truck washout, chemicals, litter, and sanitary waste at the construction site that may cause adverse impacts on water quality;
(5)
Minimize obstruction of scenic views from publicly accessible locations.
B.
Traffic, parking and pedestrian circulation.
(1)
Following project development, the "level of service" (LOS) of any impacted intersections and streets affected by the proposed project shall not be reduced below LOS "C" or the existing LOS, whichever is lower, for local or collector intersections or streets or below LOS "D" or the existing LOS, whichever is lower, for arterial intersections or streets. For the purposes of this standard the following definitions apply:
(a)
"Level of service" (LOS) shall be determined according to criteria set forth by the Transportation Research Board of the National Research Council.
(b)
"Impacted" means intersections projected to receive at least 10% of the anticipated average daily or peak-hour traffic generated by the proposed development.
(c)
"Local, collector and arterial" streets shall be identified/defined by the Functional Classification System.
(2)
Driveways shall be located and designed to discourage the routing of vehicular traffic through residential areas.
(3)
Vehicular and pedestrian circulation shall be designed to reduce traffic hazards to pedestrians and vehicles both on and off the site.
(4)
Street layouts shall be designed to minimize through traffic movement, excessive vehicular travel and excessive speed.
(5)
Ingress and egress points shall be kept to a minimum along major abutting streets. No more than one vehicular driveway per lot is allowed in the Village Center Core District unless a waiver is granted by the Planning Board for more than one driveway.
[Amended 10-17-2020 STM by Art. 4]
(6)
Sufficient off-street parking shall be provided to minimize curb parking.
(7)
Sidewalks shall ordinarily be provided along streets used for pedestrian access to schools, parks and shopping and shall be separated from the roadway edge by a vegetated strip of sufficient width to provide for pedestrian safety; sidewalk ramps for handicapped accessibility shall be provided.
(8)
Parking areas shall be designed to allow the movement of fire, emergency, and other public service vehicles without requiring excessive backing distances and hazardous turning movements.
(9)
To the extent feasible, parking areas shall be located to the side or rear of structures.
(10)
Design of parking areas shall minimize the visual impact from adjacent land uses and public ways by the use of vegetative buffers, berms, screening such as fences or a combination of the above.
(11)
Parking areas shall provide visual relief from large areas of unbroken pavement by including landscaped islands with the parking area.
C.
Design. The proposed development should be designed to enhance the natural and aesthetic qualities of the Town, conserve the value of land and buildings, and protect and preserve the historic and cultural heritage of the Town. To accomplish these objectives, the following design guidelines shall be observed:
(1)
Design along main thoroughfares. Development on the Town's main thoroughfares should maintain the following standards when possible and appropriate:
(a)
Buildings. The height and scale of buildings should be compatible with the architectural style and character of the surrounding buildings; architectural details, including signs, materials, colors and textures should enhance and preserve the character of the surrounding area.
(b)
Roofline. The design and pitch of the roof should, where practicable, be compatible with characteristics of New England style architecture.
(c)
Signs. The size, location, lighting and materials of all permanent signs and outdoor advertising structures or features should not detract from the use and enjoyment of the proposed buildings and structures and the surrounding properties.
(d)
Windows. The proportions and relationships between doors and windows should be compatible with the architectural style and character of the surrounding area.
(2)
Design in the Village Commercial District. Development within the Village Commercial District should preserve and enhance New England village scale and character. To accomplish this objective, the following design guidelines should be observed:
(a)
Buildings. Buildings should be placed close to the road and sidewalk to encourage pedestrian traffic; parking areas should be placed to the rear of buildings; long horizontal facades should be avoided by change in the vertical plane; entranceways should be emphasized by use of rooflines, changes in materials, landscape treatments or other architectural elements; franchise architecture with highly contrasting color schemes, nontraditional forms, reflective siding and roof materials should be avoided; drive-through elements should be architecturally incorporated into the building; drive-thorough elements generally should not face the street; the architecture of mixed-use buildings should reflect different use on the upper floors by differences in facade treatment; the material used for additions should complement the materials of the original structure.
(b)
Rooflines. The use of mansard and A-frame roofs should be avoided; flat roofs should not be greater in length than 40 feet without a break; plastic roofing material should not be used; roof colors should be earth tones or a color that is darker than the facade; garish roof colors should not be used; visible roofing materials should complement the color and texture of the building's facade; roof-mounted mechanical equipment should be screened from public view or grouped at the rear of the structure where visibility is limited.
(c)
Signs. Simple geometric shapes should be used for signs; signs should be limited to two or three contrasting colors that complement the colors on the building; garish colors should be avoided; carved wooden signs are encouraged; internally illuminated signs should not be whole panels that are lit, thus constituting light fixtures in their own right; lighting fixtures illuminating signs should be located so light is directed only onto the sign facade.
(d)
Windows. Commercial buildings should provide an appropriate proportion of the first floor front facade as windows, doors or other treatments sufficiently transparent to provide view to the interior of the building; awnings, if used, should be designed as an integral part of the building facade; metal awnings are discouraged.
(3)
Design in the Village Center Core District. The following standards and guidelines are provided so that the Village Center Core District can become a vibrant and walkable destination. Where a standard is required through the use of the words "shall" or must," this standard requires strict compliance. Deviation from any such standard shall require a variance from the Zoning Board of Appeals unless a special permit or waiver for deviating from that standard is granted by the Planning Board. Where a requirement uses the words " should," may," or " could," this requirement is a guideline and compliance with this language is a strong preference for the Town.
[Added 10-17-2020 STM by Art. 4]
(a)
Pedestrian circulation. Where pedestrian walkways are provided:
[1]
Pedestrian connections that connect a building entrance to a sidewalk (where the building is set back) or one building to another building shall be designed to be safe, illuminated, broad, and easily identifiable. No building exit shall be located in a manner that impedes automobile egress from the site.
[2]
Walkways that cross areas with vehicular traffic shall be designed to clearly show that the space is primarily dedicated to pedestrian traffic. Design elements could include raised or alternative surfaces, signage, rectangular rapid flashing beacon or raised landscaped islands that serve as a safe resting area for pedestrians between automobile travel lanes.
[3]
Where sidewalks or other pedestrian or bicycleways intersect with automobile driveways or lanes, distinct surfaces with durable, decorative alternatives to conventional pavement shall be used to connect sidewalks or bike lanes across the automobile lane.
[4]
Bicycle parking shall be provided at a minimum of 0.30 space per 1,000 square feet of floor area of nonresidential space and one space per residential unit.
[5]
Outdoor seating such as dining areas, plazas, benches and seats may be required and shall be visible from the primary frontage.
(b)
Property frontage.
[1]
Newly constructed frontage buildings shall be located in a manner that facilitates pedestrian and bicycle access along and across the frontage area of that property.
[2]
Parking or travel lanes shall not be located in the frontage area except where access driveways are approved by the Planning Board, or its designee.
[3]
Bollards, short decorative walls, or similar features shall be used to separate parking spaces from adjacent pedestrian walkways and gathering places such as outdoor dining areas, plazas, benches or seats.
[4]
Street trees shall be spaced along the sidewalk at an average frequency of one tree every 30 feet.
[5]
Landscape features such as planters, rain gardens or similar shall be placed in the frontage area.
(c)
Lighting. In addition to the requirements under Article XX, the following standards and guidelines apply:
[1]
Lighting for streets, parking areas, and civic/gathering spaces must be decorative in shape, scale, and finish, with detailed, articulated treatments for the base, post, fixture, and crown. Where decorative street lighting is already installed, the design of proposed lighting standards and fixtures shall be consistent with or complementary to said lighting.
[2]
Light poles and fixtures shall not exceed 16 feet in height. Height is measured from the base of the standard to the highest point of the structure. Structural features used to anchor light standards (e.g., concrete pilings) are not counted toward the maximum height but shall not protrude more than six inches from the ground.
[3]
All exterior lights on private property and sign illumination shall be designed, located, installed, and directed in such a manner as to minimize light trespass onto adjacent properties unless such trespass is intentional and meets the purposes of this district and in no case shall the intensity of illumination exceed 0.1 vertical footcandle where there is an adjoining residential zoning district.
[4]
Lighting fixtures for building security or display purposes shall be top downward (not upward or sideways), and full cut off or fully shielded/recessed. Lighting may be directed upwards as part of a landscaping scheme used to highlight important features including, but not limited to: steps, walkways, art installations, and the edge of buildings.
(d)
Building fForm. The following standards and guidelines apply to proposed new buildings. In addition to any other application submittal requirements, the applicant shall submit architectural elevations that are annotated to explain how these standards and guidelines are being met.
[1]
Multistory buildings shall clearly articulate the base, middle (where applicable), and top of the building using cornices, borders of distinct material, or other articulating features on every visible surface of the building.
[2]
In new nonresidential or mixed-use construction, ground floors should be a minimum of 11 feet from floor to ceiling to enhance the pedestrian streetscape, regardless of the overall building height.
[3]
Buildings with facades longer than 40 feet shall articulate the facade with features common to traditional New England architecture that create visual interest. Features could include varied rooflines, distinct signage for multiple tenants, awnings, arcades, pilasters, columns, recessed spaces and/or entrances, and any other features that serve to add texture to these longer facades.
(e)
Building entranceways.
[1]
All buildings shall have a principal facade and entry (with operable doors) facing the property frontage. Buildings may have more than one principal facade and/or entry. Primary entrances not facing the property frontage should open onto sidewalks or other designated pedestrian areas that are at least 10 feet in width.
[2]
Main entrances shall incorporate architectural and/or sidewalk features that draw attention to the entrance. These features could include covered porches, distinct sidewalk surfacing, porticos, planters, landscaping, recessed doorways, and awnings.
(f)
Signage. In addition to the requirements under Article VIII, the following standards and guidelines apply:
[1]
Wall-mounted or -projected signs should be located above the ground floor storefront and just below the second-floor windows where applicable. Signs should not obscure architectural features or windows and should be integrated with the design of the building.
[2]
Sign colors should be selected to enhance sign legibility for both day and nighttime viewing. Contrasting colors can be used effectively to increase clarity, especially for letters and numbers. Sign colors and finishes should be compatible with the color of the building or development.
[3]
Sign materials should be of high quality and compatible with the design of the building and facade on which they are placed.
[4]
Externally illuminating signs should have downward-directed, wall-mounted lights with fully-shielded decorative lamps that do not obscure the graphics of the sign.
[5]
Internally illuminated plastic or fiberglass cabinet ("can") signs are prohibited. Where internal illumination or back-lighting is proposed, solid letters (reverse channel) are a preferred alternative.
[6]
Signage on awnings is permitted only on the apron portion of the awning.
[7]
Freestanding signs with clearance above the ground of more than two feet above grade are not allowed. Freestanding monument or structured signs are preferred. Freestanding signs shall not be taller than five feet above grade and should incorporate design details, materials, and colors of the associated buildings. The base or support elements of freestanding signs should be integrated with the surrounding environment and should incorporate ornamental landscaping where possible.
(g)
Parking report. Site plan review applications, special permit applications or applications under § 175-15.3C(6) in the Village Center Core District shall be accompanied by a parking report that demonstrates reasonable access to parking spaces on site and/or off site. Site plan applications in the Village Center Core District are not subject to the off-street parking requirements of §§ 175-7.4 and 175-7.6 and is, instead, subject to approval by the Planning Board or its designee. The parking report shall include:
[1]
Size and type of all existing and proposed uses or activities on the property.
[2]
Proposed number of parking spaces on site.
[3]
Proposed total number of parking spaces including on-site and off-site.
[4]
Parking demand, including peak demand, shall include a calculation of the on-site uses as determined by the most recent estimates provided by the Institute of Transportation Engineers (ITE).
[5]
Feasibility of shared parking among uses on site, if applicable, based on peak demands for on-site use occurring at different times of the day and on different days of the week.
[6]
Availability of alternative methods of travel to the site, including public transportation, bike and pedestrian access.
[7]
Ability, if necessary and applicable to obtain a long-term lease/long-term binding parking agreement of off-site spaces. Parking for business and commercial uses may be located off site provided the following criteria are met:
[a]
The off-site parking is located within 800 feet of the subject site.
[b]
There is safe and adequate pedestrian access between the off-site parking and the subject site.
[c]
Any proposed on-site parking shall include spaces for people with disabilities.
[d]
Where proposed parking is located off site, a binding parking agreement shall be submitted to the Town as part of the parking report.
[8]
Parking associated with residential uses must be on site. Off-site parking for residential uses requires a special permit granted by the Planning Board.
[9]
Narrative explanation of how the demand analysis and proposed strategies justify the proposed total number of parking spaces.
D.
Landscaping.
(1)
Use of existing woodlands or properly vegetated and maintained landscaping should be used in buffer zones to reduce visual or noise impacts on abutting properties.
(2)
Appropriate transition and screening shall protect against diminution of property values due to adjacent commercial construction, or a change in incompatible land uses. Exposed machinery, utility structures, areas for parking, loading, storage, service and disposal should be screened from adjoining properties and streets.
(3)
Landscaping should be used to separate and screen incompatible land to reduce potential nuisances such as dirt, dust, litter, noise, glare from motor vehicle headlights, the intrusion from artificial light, including the ambient glow therefrom, signs, or the view of unsightly buildings and parking lots.
§ 175-15.7 Submission requirements.
A.
Development plans submitted for site plan approval shall be prepared by a registered architect, registered landscape architect, or registered professional engineer. The Planning Board may by majority vote waive the requirements of a professionally prepared plan and, by majority vote, may waive any of the information required in § 175-15.7 when, in the opinion of the Planning Board, it is appropriate. Such waiver(s) shall be issued in writing with supporting reasons. Copies of the development plan shall be submitted at a scale of one inch equals 20 feet, or such scale as may be approved by the Planning Board and shall contain the following information:
(1)
Developer's name, address, telephone number; property owner name, address, telephone number; Assessor's map and parcel numbers; Registry of Deeds book and page numbers.
(2)
A locus plan at a scale of one inch equals 400 feet; the location and boundaries of the lot; the location and owner names of all adjacent property; adjacent streets or ways; zoning and overlay districts.
(3)
Existing and proposed topography, including contours, general soil types, the location of wetlands, streams, water bodies, drainage swales, areas subject to flooding and unique natural land features.
(4)
An erosion and sediment control plan which shall describe the nature and purpose of the proposed development, pertinent conditions of the site and adjacent areas, and proposed erosion and sedimentation controls to include, at a minimum, the following:
(a)
Location, description and implementation schedule for temporary and permanent seeding, cut and fill plan, vegetative controls and other stabilization measures;
(b)
A description of construction and waste material expected to be stored on site as well as measures that will be taken to reduce exposure of such materials to rain and stormwater runoff.
(5)
A stormwater management plan which shall meet the standards of the Massachusetts Stormwater Policy, as currently in effect and as may be hereafter amended.
(6)
An operation and maintenance plan which shall contain, at a minimum, the following information:
(a)
Stormwater management system(s) owner(s);
(b)
The party or parties responsible for operation and maintenance;
(c)
A schedule for inspection and maintenance;
(d)
The routine and nonroutine maintenance tasks to be undertaken;
(e)
Snow storage area and deicing method;
(f)
A list of easements necessary for inspection, operation, and maintenance of the stormwater management system components, with the purpose and location of each.
(7)
Existing and proposed structures, including dimensions and elevations.
(8)
The location of parking and loading areas, driveways, curbs, gutters, curb cuts, walkways and access and egress points.
(9)
The location and a description of all proposed septic, water supply, storm drainage, utility and waste disposal systems.
(10)
Proposed landscaping plan, including size and type of plantings and any proposed screening or fencing.
(11)
The location, dimension, height and characteristics of proposed signs.
(12)
The location and description of proposed open space or recreation areas.
(13)
The location of all outdoor lights, height of each light, type of fixture (manufacturer's name and catalog number), type of bulb with lumen rating (e.g., incandescent, fluorescent, sodium), direction of illumination and hours of operation. The Planning Board reserves the right to require the submission of a photometric plan.
B.
The Planning Board may adopt, and periodically amend, rules and regulations relating to the form and content of the erosion and sediment control plan, stormwater management plan and operations and maintenance plan and other plans and materials to be submitted under the requirements of this section.
§ 175-15.8 Decision.
The Planning Board shall review site plans and shall file a decision with the Town Clerk within 60 days of the date such application was filed with the Town Clerk, unless a written request for an extension has been received and granted by the Planning Board. Site plans which require a special permit shall be governed in accordance with the requirements of MGL c. 40A, § 9, Special Permits.
A.
Approval.
(1)
The Planning Board shall approve an application based on its review of the projected development impacts and the proposed methods of mitigating such impacts upon a finding that the proposed development is in conformance with this bylaw. The Planning Board may impose conditions on a site plan, which, although in proper form, depicts a use or structure that fails to comply with the objectives required by this bylaw and when, in the opinion of the Planning Board, such conditions will render the site plan in compliance with the objectives of this bylaw. Such conditions may include, among other matters and subjects, the following:
(a)
Controls on the location and type of access to the site.
(b)
Requirements for off-site improvements to improve the capacity and safety of roads, intersections, pedestrian ways, water, sewer, drainage, and other public facilities which are likely to be affected by the proposed development.
(c)
Requirements for securing the performance of all proposed work, including proposed off-site improvements, by deposit with the Town's Treasurer of a performance bond, negotiable security, cash, or bank passbook in an amount determined by the Planning Board to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval.
(d)
Conditions to minimize off-site impacts on traffic and environmental quality during construction.
(e)
Requirements for screening parking facilities from adjoining premises or from the street by walls, fences, plantings, or other devices to mitigate adverse impacts.
(f)
Conditions to mitigate adverse impacts to the neighborhood and abutters, including but not limited to adverse impacts cause by noise, dust, fumes, odors, lighting, headlight glare, hours of operation.
(2)
Development work shall conform fully to the approved site plan, associated conditions, limitations and safeguards. Any proposed changes to the approve site plan must be submitted for review by the Planning Board before such change is made. The Planning Board may authorize a change if it is deemed a minor change; changes deemed major shall require resubmission of an application. An order of conditions under MGL c. 131, § 40, which imposes conditions inconsistent with an approved site plan shall require a revision of the site plan. The final approved site plan shall be valid for two years from the date the decision is filed with the Town Clerk. Failure to actively begin construction within that time period and proceed continuously to completion, except for good cause to be determined by the Planning Board, shall require a new submittal.
B.
Disapproval. The Planning Board may reject a site plan that fails to furnish the information required by this section of the bylaw. The Planning Board may reject a site plan only if the subject plan depicts a use or structure that does not conform to the permissible requirements of this bylaw.
§ 175-15.9 Implementation of site plan.
The site plan, as approved, shall be completed prior to issuance of a certificate of occupancy. At the applicant's request, the Building Inspector may allow the applicant to occupy the building(s) prior to completion of the site plan, provided all requirements of the Building Code are met. In such case, the Building Inspector, after consultation with the Planning Board, shall require the applicant to post surety, in the form of cash or, at the discretion of the Planning Board, a letter of credit in a form acceptable to the Planning Board, in an amount sufficient to ensure completion of the site plan and shall, after consultation with the Planning Board and Town Counsel, require the applicant to execute a surety agreement which shall specify a date of completion. Surety shall be held by the Town until the site plan is fully and satisfactorily completed. In the event the site plan is not completed prior to the agreed date of completion, the surety shall be made available to the Town to ensure completion of the site plan.
§ 175-15.10 Administration.
The Planning Board shall establish and may periodically amend rules and regulations relating to the administration of this article. The Planning Board shall be responsible for deciding the meaning or intent of any provision of this article which may be unclear or in dispute.
§ 175-15.11 Right of entry.
To the extent permitted by state law, or if authorized by the owner or other party in control of the property, the Planning Board or its agent may enter upon privately owned property for the purpose of performing their duties under this bylaw and may make such inspection as the Planning Board or its agent deems reasonably necessary to determine compliance with the approved site plan or special permit.
§ 175-15.12 Appeals.
Any person aggrieved by a decision of the Planning Board with regard to site plan review may appeal such decision to a court having jurisdiction in accordance with MGL c. 40A, § 17.
§ 175-15.13 Severability.
The invalidity of one or more provisions or clause of this article shall not invalidate or impair the article as a whole or any other part hereof.