Norwood City Zoning Code
SECTION 10
Administration and Procedures
§ 10.1 Enforcement.
10.1.1.
Inspector of Buildings The Inspector of Buildings shall administer and enforce the provisions of these Bylaws, and in so doing, shall have all of the powers as are provided for the administration and enforcement of the Norwood Zoning BYLAWS and the State Building Code.
10.1.2.
Conformity. Buildings or structures may not be erected, substantially altered, moved, or changed in use and land may not be substantially changed in principal use without certification by the Inspector of Buildings that such action is in compliance with then applicable requirements of these Bylaws, or without review by him regarding whether all necessary permits have been received from those governmental agencies from which approval is required by federal, state, or Town law. Issuance of a building permit or certification of use and occupancy, where required under the Commonwealth of Massachusetts State Building Code, may serve as such certification.
1.
Where a special permit is required hereunder, or where an appeal or petition involving a variance is pending, the Inspector of Buildings shall issue no building permit until the permit granting or special permit granting authority has made its decision, and only in conformity therewith.
10.1.3.
Application. In addition to any information which may be required under the Massachusetts State Building Code, the Inspector of Buildings shall require of applicants such information as he deems necessary to determine compliance with these Bylaws.
10.1.4.
Investigation. If the Inspector of Buildings shall be informed, or have reason to believe, that any provision of these Bylaws or any permit or decision thereunder has been, is being, or is about to be violated, he shall make or cause to be made an investigation of the facts, including the inspection of the premises where the violations may exist. The Inspector of Buildings shall take action upon written complaint and shall report such action or refusal to act, and the reasons therefore, in writing to the complainant within fourteen days of receipt thereof. If the Inspector of Buildings finds no violation or prospective violation, any person aggrieved by his decision, or any officer or board of the town, may appeal to the Board of Appeals, as provided by statute.
10.1.5.
Enforcement. If the Inspector of Buildings finds a violation or prospective violation, he shall give immediate notice in writing to the owner and to the occupant of the premises and shall order him to cease and desist and refrain from such violation. Any person aggrieved by the Inspector of Buildings’ decision, or any officer or board of the town, may appeal to the Board of Appeals, as provided by statute. If, after such order, such violation continues and no appeal is taken to the Board of Appeals, the Inspector of Buildings’ shall forthwith make application to a court of competent jurisdiction for an injunction or order restraining the violation, and shall seek a criminal complaint in Dedham District Court against the person or persons who have violated the law, or shall take such other action as is necessary to enforce the provisions of these Bylaws.
10.1.6.
Enforcement Following Appeal. If, after action by the Inspector of Buildings , appeal is taken to the Board of Appeals, and, after a public hearing, the Board of Appeals finds that there has been a violation or prospective violation, the Inspector of Buildings shall forthwith make application to a court of competent jurisdiction for an injunction or order restraining the violation and shall seek a criminal complaint in Dedham District Court against the person or persons who have violated the law, or take such other action as may be necessary to enforce this BYLAWS.
10.1.7.
Penalty. Whoever violates any of the provisions of this BYLAWS, or any of the conditions under which a building permit is issued by the Inspector of Buildings or a special permit or variance is issued by the Planning Board or the Board of Appeals, or the terms of a decision rendered by either Board, shall be liable for a fine of three hundred ($300.00) dollars. Each day that said violation continues shall be deemed to constitute a separate offense.
§ 10.2 Board of Appeals.
10.2.1.
Establishment. There shall be a Board of Appeals consisting of five members and five associate members, who shall be appointed by the Board of Selectmen and shall act in all matters under these Bylaws in the manner prescribed by Chapters 40A, 40B, and 41 of the General Laws.
10.2.2.
Powers. The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B, and 41 of the General Laws and by these Bylaws. The Board's powers are as follows:
1.
Special Permits. To hear and decide applications for special permits upon which the Board is empowered to act under these Bylaws, in accordance with Section 10.4 .
2.
Variances. To hear and decide appeals or petitions for variances from the terms of these Bylaws with respect to particular land or structures, in accordance with G.L. c. 40A, s. 10. Variances from use requirements, however, are prohibited.
3.
Other Appeals. To hear and decide other appeals, when taken by any person aggrieved by reason of his inability to obtain a building permit or enforcement action from the Inspector of Buildings under the provisions of G.L. c. 40A, or by the Metropolitan Area Planning Council, or by any person including any officer or Board of the Town of Norwood, if aggrieved by any order or decision of the Inspector of Buildings or other administrative official, in violation of any provision of Chapter 40A or these Bylaws.
4.
Comprehensive Permits. Comprehensive permits may be issued by the Board of Appeals as authorized by G.L. c. 40B, ss. 20-23.
5.
Building Permits in Subdivisions. Building permits withheld by the Inspector of Buildings may be issued by the Board acting pursuant to G.L. c. 41, s. 81Z.
10.2.3.
Rules and Regulations. The Board of Appeals shall adopt rules and regulations not inconsistent with the provisions of these Bylaws for conduct of its business and otherwise carrying out the purposes of said Chapter 40A, and shall file a copy of such rules in the office of the Town Clerk.
10.2.4.
Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.
§ 10.3 Planning Board.
10.3.1.
Establishment. A Planning Board is established under the provisions of General Laws Chapter 41, Section 81A to consist of five (5) members and one Associate member, appointed by the Planning Board to act as needed on Special Permit Applications.
10.3.2.
Powers. The Planning Board shall have the following powers:
1.
Special Permits. To hear and decide applications for special permits upon which the Board is empowered to act under these Bylaws, in accordance with Section 10.4 .
2.
Site Plan Approval. To review and decide applications for site plan approval, in accordance with Section 10.4 .
10.3.3.
Rules and Regulations. The Planning Board shall adopt rules and regulations not inconsistent with the provisions of the Zoning BYLAWS for conduct of its business and otherwise carrying out the purposes of said Chapter 40A, and shall file a copy of such rules in the office of the Town Clerk.
10.3.4.
Fees. The Planning Board may adopt reasonable administrative fees and technical review fees for petitions for special permits and site plan review.
§ 10.4 SPECIAL PERMITS.
10.4.1.
Special Permit Granting Authority. Where specifically designated, the Board of Appeals or Planning Board shall act as the Special Permit Granting Authority.
10.4.2.
Decision Criteria. At the time of application, the applicant shall submit complete documentation regarding each of the criteria set forth below which are applicable, including description of any discussion efforts made with neighborhood groups or other affected parties. The following criteria shall be the basis for decisions on special permits, except as may be more specifically provided elsewhere in these Bylaws. Special permits shall be granted by the Special Permit Granting Authority only upon its written determination that the proposed use will not have adverse effects which overbalance its beneficial effects for either the neighborhood or the Town, in view of the particular characteristics of the site and of the proposal in relation to that site. The determination shall indicate consideration of each of the following criteria, among others:
1.
Social, Economic, and Community Needs. Residential use is more beneficial if it serves housing needs of local residents, or broadens housing diversity, than if it does not. Nonresidential use is more beneficial if it serves needs and interests of local residents, or provides them with economic opportunity, than if it does not.
2.
Circulation. Increases in average daily and peak hour traffic are adverse effects, even if coupled with capacity increases maintaining the level of service. To avoid adversity, pedestrian and vehicular movement to, from, and within the site should be safe and convenient, and arranged so as not to disturb abutting properties.
3.
Utilities and Other Public Services. Any unusual public problem in providing adequate water, sewage disposal, drainage, public safety, or other public services for this use would be an adverse effect.
4.
Environmental Impacts. Environmental damage due to wetland loss, habitat disturbance, erosion, or damage to valuable trees or other natural assets are adverse effects. Damage or risk to air, land, or water resources because of planned processes or unplanned contingencies are adverse effects.
5.
Land Use Compatibility. Preempting land having special qualities suiting it for other uses, such as land having rail access being preempted from use by a rail-using activity, is an adverse effect. Damaging the utility and enjoyment of nearby land uses through off-site impacts is an adverse effect.
6.
Visual Compatibility. Visibility of parking and service areas from nearby public streets is an adverse effect which can be minimized through site arrangement, use of tree cover, and other means. Departure from the architectural scale of buildings on abutting and nearby premises is an adverse effect, except where the departure would serve some community design purpose.
7.
Fiscal Impacts. Positive fiscal impacts are a benefit to the town.
8.
Process. Discussion in advance between applicants and those whose interests are likely to be substantially impacted by it is a benefit. Compensatory actions providing benefits, such as planting additional trees, can be used to offset any negative consequences for other parties or the town.
10.4.3.
Procedures. Each application for a special permit, together with copies of supporting plans and other materials, shall be filed by the petitioner with the Town Clerk. Five (5) copies of said application, including one having the date and time of filing certified by the Town Clerk, shall be filed forthwith by the applicant with the Special Permit Granting Authority, together with five (5) copies of the supporting plans and other materials.
1.
If the development of a Priority Development Site (PDS) requires one (1) or more special permit(s) hereunder, application(s) therefor shall be submitted simultaneously with any other permit application(s) required by the By-Laws or Zoning By-Laws relating to the use or development of the PDS, or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D, and shall be reviewed concurrently therewith. Where the Board of Appeals and the Planning Board are each responsible for one (1) or more of said reviews, or where the Board of Appeals is designated as the Special Permit Granting Authority and the development is also subject to site plan approval by the Planning Board pursuant to Section 10.5 hereof, all reviews may occur at joint session(s) of the Boards, when feasible.
10.4.4.
Referral to Other Officials and Agencies. The Special Permit Granting Authority shall refer notice of all applications immediately upon receipt to the Town Manager, Inspector of Buildings , Planning Board (where it is not the SPGA), Town Engineer, DPW, Board of Health, Conservation Commission, Police Department, Fire Department, Municipal Light Department, and to any other involved Town official or agency.
1.
The Special Permit Granting Authority shall also transmit copies of the submitted plans and support documentation to all agencies having requested such documentation for either that specific project or for such projects generally, and to any other authorities whose review is judged appropriate by the Inspector of Buildings , for technical review and comment. Failure of any official or agency to make recommendation within thirty-five days of receipt of the application and support documentation shall be deemed lack of opposition thereto.
10.4.5.
Decision. A special permit, if granted, shall be subject to any general or specific rules prescribed herein, and it may be made subject to appropriate conditions, safeguards, and limitations on time or use.
1.
Except as otherwise provided for herein, special permit(s) required for the development of a Priority Development Site (PDS) shall be acted upon and decision(s) thereon rendered no later than one hundred eighty (180) days from the date of application therefor.
10.4.6.
Lapse. A special permit granted under this section shall lapse within two years, which shall not include such time required to pursue or await the determination of an appeal referred to in G.L. c. 40A, s. 17, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.
§ 10.5 Site plan approval.
10.5.1.
Applicability. Site plan approval from the Planning Board shall be required prior to beginning any on-site work on any projects other than single or two-family dwellings, if such projects include any or all of the following:
1.
More than 3,000 square feet gross floor area in either a new building or a building addition, if that increases gross floor area on the premises by 10% or more; or
2.
Creation of or changes to a parking facility having ten or more parking spaces, if that results in change in the number of parking spaces or in egress locations; or
3.
Removal of existing vegetative ground cover from more than 20,000 square feet of site area; or
4.
Any sign erected, placed, or improved in the Central Business District.
5.
Any structural change or alteration to the exterior or renovation to a storefront facade in the Central Business District.
6.
Unusual conditions of water, sewer, drainage, traffic, lighting or other site-specific conditions which are determined by the Inspector of Buildings to make site plan approval appropriate.
10.5.2.
Preapplication Conference. Applicants are urged to confer with the Director of Community Planning and Economic Development regarding the materials necessary for submittal for site plan approval, and regarding the agency approvals which are likely to be required.
10.5.3.
Procedures. Site plan approval shall not require a public hearing; provided, however, that the Board may, at its discretion, require notice to parties in appropriate cases. The Applicant shall submit an application on the form provided by the Board and all of the information set forth in the Rules and Regulations of the Board Governing Site Plan Review.
1.
The Board shall review and act upon the site plan, with such conditions as may be deemed appropriate, within sixty (60) days of its receipt, and shall file such decision in the office of the Town Clerk.
2.
The decision of the Board shall be upon a majority of the Board as constituted and shall be in writing.
3.
The time to file the decision of the Board with the Town Clerk may be extended upon the written request of the applicant. Such extension, if granted, shall be filed with the Town Clerk.
4.
No deviation from an approved site plan shall be permitted without modification thereof by the Board.
5.
If the development of a Priority Development Site (PDS) requires site plan approval hereunder, an application therefor shall be submitted simultaneously with any other permit application(s) required by the By-Laws or Zoning By-Laws relating to the use or development of the PDS, or the buildings and/or structures located thereon, and not otherwise exempted by G.L. c. 43D, and shall be reviewed concurrently therewith. Where the Board of Appeals is responsible for one (1) or more of said reviews, all reviews may occur at joint session(s) of the Board of Appeals and the Planning Board, when feasible.
6.
Notwithstanding the foregoing, a site plan submitted for a Priority Development Site (PDS) shall be reviewed and acted upon within one hundred eighty (180) days, so as to allow adequate time for the aforesaid, concurrent reviews to occur.
10.5.4.
Referral to Other Officials and Agencies. The Planning Board shall refer notice of all applications immediately upon receipt to the Town Manager, Inspector of Buildings , Town Engineer, DPW, Board of Health, Conservation Commission, Police Department, Fire Department, Municipal Light Department, and to any other involved Town official or agency.
10.5.5.
Preparation. Site plans shall be submitted on 24-inch by 36-inch sheets. Plans shall be prepared by a Registered Professional Engineer, Registered Land Surveyor, Architect, or Landscape Architect, as may be appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale of 1"=40'.
10.5.6.
Contents of Plan. The contents of the site plan shall consist of six (6) separate sheets prepared at a scale of one (1) inch equals twenty (20) feet or such other scale as may be approved by the Board. The sheets are as follows:
1.
Locus plan, at a scale of one (1) inch equals one hundred (100) feet, showing the entire project and its relation to existing areas, buildings and roads for a distance of one thousand (1,000) feet from the project boundaries or such other distance as may be approved or required by the planning board.
2.
Site layout, which shall contain the boundaries of the lot(s) in the proposed development, proposed structures, drives, parking, fences, walls, walks, outdoor lighting, loading facilities, areas for snow storage after plowing, and all proposed recreational facilities and open space areas.
3.
Topography and drainage plan, which shall contain the existing and proposed final topography at two-foot intervals and plans for handling stormwater drainage, and all wetlands including floodplain areas.
4.
Utility plan, which shall include all facilities for refuse and sewage disposal or storage of all wastes, the location of all hydrants, fire alarm and firefighting facilities on and adjacent to the site.
5.
Architectural plan, which shall include the ground floor plan and architectural elevations of all proposed buildings and a color rendering.
6.
Landscaping plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements including screening, planting areas with size and type of stock for each shrub or tree, and including proposed erosion control measures.
10.5.7.
Other Required Information. The application shall include the following reports and documents:
1.
A written statement indicating the estimated time required to complete the proposed project and any and all phases thereof.
2.
A written summary of the contemplated projects shall be submitted with the site plan indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land, and any other evidence necessary to indicate compliance with this ordinance.
3.
Drainage calculations by a registered professional engineer. Stormwater management design must conform to DEP’s Stormwater Management Policy or regulations.
4.
Certification that the proposal is in compliance with the provisions, if applicable, of the Americans with Disabilities Act and the Massachusetts Architectural Barriers Board.
10.5.8.
(Revised)
10.5.9.
Effect on Other Permits. Where a proposed use, structure, or other alteration requires site plan approval, the following procedures shall apply:
1.
As of Right Uses. No building permit or certificate of occupancy shall be issued by the Inspector of Buildings unless the application includes the decision of the Board approving the required site plan, or unless 60 days lapse from the date of the submittal of the site plan without action by the Board.
2.
Use Requiring Special Permit or Variance. In the event that the use, structure, or other alteration requires a special permit or variance, any grant thereof shall include the following condition:
“The proposed use or development authorized herein requires the approval of a site plan by the Board pursuant to Section 10.5 of the Zoning BYLAWS.”
3.
Consolidation. Where the Planning Board also serves as the Special Permit Granting Authority for proposed use or development, the Board shall consolidate its site plan review and special permit procedures.
10.5.10.
Waiver. The Board may, upon written request of the applicant, waive any of the technical requirements where the project involves relatively simple development plans.
10.5.11.
Approval. Site plan approval shall be granted upon determination by the Board that the plan meets the following standards. The Board may impose reasonable conditions at the expense of the applicant to implement these standards. New building construction and other site alterations shall be designed, after considering the qualities of the specific location, the proposed land use, the design of the buildings, grading, egress points, and other aspects of the development, so as to:
1.
Minimize the volume of cut and fill, the number of removed trees 6" caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, soil erosion, and threat of air and water pollution;
2.
Provide adequate stormwater management and other utilities consistent with the functional requirements of the Planning Board`s Subdivision Rules and Regulations.
3.
Maximize pedestrian and vehicular safety both on the site and egressing from it;
4.
Provide adequate access to each structure for fire and emergency service equipment;
5.
Minimize obstruction of scenic views from publicly accessible locations;
6.
Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;
7.
Minimize glare from headlights and lighting intrusion;
8.
Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places.
9.
Minimize contamination of groundwater from on-site waste-water disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances;
10.
Ensure compliance with the provisions of this Zoning BYLAWS, including parking, signs, landscaping, and environmental standards.
10.5.12.
Lapse. Site plan approval shall lapse if construction is not commenced within twenty four months from the date of approval. A new submittal and hearing will be required. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.
10.5.13.
Fee. The Planning Board may adopt reasonable administrative fees and technical review fees for site plan review.
10.5.14.
Appeal. Any decision of the Planning Board pursuant to this Section shall be appealed in accordance with G.L. c. 40A, s. 17 to a court of competent jurisdiction.
§ 10.6 Repetitive petitions.
10.6.1.
General. No appeal, application or petition which has been unfavorably and finally acted upon by the special permit granting or permit granting authority shall be acted favorably upon within two years after the date of final unfavorable action unless said special permit granting authority or permit granting authority finds, by a unanimous vote of a board of three members or by a vote of four members of a board of five members or two-thirds vote of a board of more than five members, specific and material changes in the conditions upon which the previous unfavorable action was based, and describes such changes in the record of its proceedings, and unless all but one of the members of the Planning Board consents thereto and after notice is given to parties in interest of the time and place of the proceedings when the question of such consent will be considered.
Any petition for a variance or application for a special permit which has been transmitted to the permit granting authority or special permit granting authority may be withdrawn, without prejudice by the petitioner prior to the publication of the notice of a public hearing thereon, but thereafter be withdrawn without prejudice only with the approval of the special permit granting authority or permit granting authority.