Orleans City Zoning Code
ARTICLE X
Site Plan and Architectural Review
§ 164-10.1 Site Plan Review.
A.
Purpose. The purpose of site plan review is to provide a forum to familiarize project applicants with applicable Town requirements and to ensure the design and layout of certain developments permitted as a matter of right or by Special Permit will constitute suitable development and will not be detrimental to the neighborhood or the environment. The Site Plan Review Committee is also intended to provide an inexpensive forum to familiarize the applicants with the requirements that pertain to a project.
B.
Applicability.
(1)
The provisions of this section shall not apply to any construction, reconstruction, alteration or extension to single- or two-family residential dwellings and permitted accessory structures thereto, nor to subdivisions or divisions of land.
(2)
The provisions of this section shall apply to:
(a)
Any project that requires a Special Permit.
(b)
Any new construction and any addition or alteration to existing structures which expands the gross floor area 1,000 square feet or more.
(c)
Any activity that will alter parking, if there is a total of 20 or more existing spaces or 10 proposed spaces or alters egress therefor.
(d)
Any activity that would affect drainage, utilities, lighting or sewage disposal requirements.
(e)
Any change of use of an existing structure or land, except for a change of use of a structure to a single- or two-family dwelling or any use accessory thereto.
(3)
Applicants with prospective projects that would otherwise be exempt from these provisions may apply for an Informal Site Plan Review to assist them in their planning.
C.
Procedures.
(1)
Applications. Applications for meeting with the Site Plan Review Committee are available at the Planning and Building Departments. Appointments with the Site Plan Review Committee can be scheduled at the Planning Department.
(2)
Rules And Regulations. The Site Plan Review Committee may, following a properly advertised public hearing, adopt and from time to time amend regulations for the administration of this section, including establishing a schedule of fees sufficient to defray the costs of technical services and other expenses of the Committee. Copies of the Committee's regulations will be available at the Town Clerk's Office.
(3)
Informal Review. Any applicant may request an informal review of a proposed project. The purpose of informal review is to provide an applicant with information early in the project planning process as to what approvals will be needed from local or state boards, committees or agencies. It is intended to save the applicant time and money by providing information in one location pertinent to the local permitting process.
(a)
Submission Requirements for Informal Review. The applicant shall submit the following documents at least 5 business days prior to meeting with the Site Plan Review Committee:
[1]
completed application form.
[2]
plot plan (copy of Assessor's Map is acceptable).
[3]
sketch of proposed development showing buildings, improvements, parking and other features which may be of assistance to the Committee in understanding the proposal.
(b)
Informal Review Meeting. The Site Plan Review Committee shall give the applicant information and feedback on the feasibility and applicable regulations for the proposed project at the Informal Review meeting. The feedback shall include written comments prepared by each participating committee member.
(c)
Waiver of Formal Review. The Site Plan Review Committee may, after review and comment from each committee member, waive the Formal Review required by § 164-10.1C(4)., if they find that the project's impacts do not require Formal Review or the informal plan submitted meets the requirements for Formal Review.
(4)
Formal Review.
(a)
Unless a waiver is granted under § 164-10.1C(3)(c), Informal Review, the Committee shall require an applicant to proceed with the Formal Review for projects meeting the thresholds set forth in § 164-10.1B(2)(a) through (e).
(b)
Submission Requirements for Formal Review. The applicant shall submit the following documents at least 5 business days prior to meeting with the Site Plan Review Committee:
[1]
completed application form.
[2]
site plan prepared by a professional engineer or a licensed land surveyor which shall include 1 or more appropriately scaled maps or drawings of the property clearly and accurately indicating such elements of the following information as are pertinent to the development activity proposed:
boundaries of lot adjacent streets
existing and proposed structures, fences, and walls
existing and proposed topography at 2-foot contour intervals
walkways, driveways, parking areas, loading and service areas, parking space dimensions, screening
proposed landscaping showing the size, type, and location of plantings on-site wells, water lines and all other underground utilities
sewage disposal systems dumpster
existing and proposed stormwater drainage system
wetlands/resource areas as defined by local conservation commission regulations
architectural plans with elevations of buildings proposed erosion
control measures
drawings of proposed signs
location and type of proposed outdoor lighting.
[3]
The committee may waive certain site plan requirements if the applicant presents sufficient evidence that the requirements are not applicable or necessary for their application.
(c)
Prior to the scheduled meeting date, the Planning Department shall distribute copies of the Site Plan to the members of the Site Plan Review Committee and to such other Town agencies or departments as he/she deems necessary to properly review the project.
(d)
Site Plans shall be reviewed by the appropriate committee member(s) for consistency with zoning and other applicable regulations and standards including the criteria set forth in Subsection D herein.
(e)
Within 30 calendar days of receiving a Site Plan, the Site Plan Review Committee shall render a decision to approve, approve with conditions or disapprove the Site Plan. The Committee shall notify the applicant in writing of any approval, conditional approval or disapproval, stating the reasons therefor. The Committee may disapprove a site plan if the applicant fails to submit the required documents.
(f)
Any decision on a Site Plan under this section may be appealed to the Zoning Board of Appeals by any party having standing, including town officers and boards, as provided in MGL c. 40A, § 8.
(g)
Approval of a Site Plan shall expire 1 year after the date of approval unless, in the case of construction, a Special Permit or building permit has been applied for within said 1 year period and ultimately issues; or in the case of change of use, the new use has commenced within said 1 year period, or, if required, a Special Permit has been applied for within said 1 year period and ultimately issues. The Site Plan Review Committee may grant such extensions of time as it deems necessary to carry any site plan into effect; the Committee shall notify the Building Commissioner of any such extension of time and the date on which it shall expire.
(h)
Performance Guarantee. Prior to issuance of a certificate of occupancy, or certification of compliance with zoning in accordance with § 164-11.2B, all work associated with an approved site plan, including installation of all required improvements, facilities, and structures must be completed as per the approved site plan. The Building Commissioner and the Director of Planning and Community Development, jointly, may issue a certification that work has been completed in accordance with the approved site plan. The Site Plan Review Committee may authorize the granting of an occupancy permit prior to the completion of work associated with the approved site plan if the completion of such work is secured by the posting of a bond, sufficient in the opinion of the Site Plan Review Committee, to secure completion of the required improvements. The Site Plan Review Committee shall specify the time within which such improvements shall be completed. After such time, if the required improvements have not been completed, the Site Plan Review Committee may cause work to be done to complete the improvements. Following full or partial completion of the required improvements, the bond may be either fully or partially released by the Site Plan Review Committee.
D.
Review Criteria.
(1)
Site development shall provide for access to each structure for fire service equipment and shall provide for stormwater drainage on site without erosion or ponding.
(2)
A reasonable effort shall be made to conserve and protect natural features that are of some lasting benefit to the site, its environs, and the community at large.
(3)
The placement of buildings, structures, fences, lighting, and fixtures on each site shall not interfere with traffic circulation, pedestrian use, safety, and appropriate use of adjacent properties. The development shall be planned to safely accommodate bicycle and pedestrian access within the site.
(4)
Every reasonable effort shall be made to place buildings, structures, fences, lighting, and fixtures on each site in such a manner to provide for visibility of the shoreline and water from public ways or adjacent developed properties.
(5)
Stormwater drainage shall be contained on the development site, away from wetland resources and designed to handle calculated flows from a 25-year storm. See § 164-8.3G.
(6)
Existing trees of 6-inch caliper at chest level shall be incorporated into landscape areas when their retention will not prevent the provision of the required minimum number of parking spaces without the need for other relief. See § 164-8.3D.
(7)
New driveways shall oppose existing ones where offsets of 100 feet cannot be attained. See § 164-8.3D.
(8)
No more than 1 curb cut at the major street frontage shall be permitted unless the total number of parking spaces on the site does or will exceed 50 spaces and no other access is proposed. See district site standards.
(9)
Parking areas shall be screened from the street and adjacent properties used or zoned for residential use. Screening shall be installed in the manner described in the district site standards.
(10)
Sight distance at site driveways shall be in accordance with § 164-8.3D.
(11)
Parking Interconnections. Parking areas of 20 or more spaces shall provide, or provide future planned accommodations for, interconnections, where feasible, to adjacent parking areas. As a result the total number of parking spaces required for the proposed project can be reduced by 10%.
E.
Site Plan Review Committee. The Site Plan Review Committee shall consist of the following officials or their designees:
(1)
Building Commissioner
(2)
Director of Planning and Community Development
(3)
Health Agent
(4)
Conservation Administrator
(5)
Highway/Disposal Area Manager
(6)
Water Superintendent
(7)
Fire Chief
(8)
Such other officials as may be determined by the Site Plan Review Committee to be necessary to review the proposed project, including but not limited to the Traffic Study Committee and the Old Kings Highway District Committee.
F.
Approved Site Plan/When Required.
(1)
No building permit, Special Permit, or occupancy permit shall be issued for any activity or use within the scope of § 164-10.1B(2) herein unless a Site Plan Review has been approved therefor or the deadline for action has expired.
(a)
For all construction activities that result in a land disturbance of greater than or equal to 1 acre or that are part of a larger common plan of development that would disturb 1 or more acres, the site plan review shall include a pre-construction review of the stormwater management site design which shall include a description of planned operations at the construction site, planned best management practices (BMPs) to be used during the construction phase, planned BMPs to be used to manage runoff volume and water quality after development, and shall include an evaluation of the opportunity to use low impact design and green infrastructure practices.
(2)
No activity within the scope of § 164-10.1B(2) herein shall be carried out without an approved site plan therefor. Any work done in deviation from an approved site plan shall be a violation of this Bylaw, unless such deviation is approved in writing by the Building Commissioner as being of no significant detriment to the achievement of the purposes set forth in § 164-10.1A herein.
§ 164-10.2 Architectural Review.
Whereas the Town of Orleans contains a number of buildings from the eighteenth and nineteenth centuries which reflect its unique past as a rural coastal community and nineteenth century commercial center, and whereas the architectural styles of these eras and its later twentieth century Colonial-revival brick buildings give the town its distinct character of a desirable community for summer visitors and year-round residents alike, the following Architectural Review process is intended to promote the continuation of attractive building and landscaping styles, with good blending of the old and the new.
A.
Purpose. The purpose of this bylaw is to preserve and enhance the town's cultural, economic and historic resources by providing for a detailed review of the appearance of structures and sites which may affect these resources. The intent of the review process is to:
(1)
Prevent new construction or alterations that are incompatible with older, existing building styles or that are of inferior quality or appearance;
(2)
Promote conservation of buildings and groups of buildings that have aesthetic or historic significance;
(3)
Enhance the social and economic viability of the town by preserving property values and promoting visual attractiveness; and
(4)
Encourage flexibility and variety in future development.
B.
Architectural Review Committee. An Architectural Review Committee is hereby created and shall consist of 5 members appointed by the Select Board, preferably including at least 2 members with professional or educational backgrounds in design or architecture, 2 members with professional or educational backgrounds in historic preservation or with an appreciation for local history, and 1 additional member. Two associate members shall be appointed to act as alternates in case of the absence of regular members. After initial appointments with staggered terms, future appointments shall be for 3 years.
C.
Applicability. The review process described in this § 164-10.2, shall apply to all building permit and Special Permit applications, including those for alterations, renovations, additions, demolitions and relocations, except those for new or existing one- and two-family dwellings intended for continued residential use, buildings or structures accessory to them, any building permit or Special Permit application involving property in the Industrial District or the Old Kings Highway Regional Historic District, or any interior alteration not visible from the exterior of a building. Changes which affect the appearance of a building whether or not such work requires a building permit, including but not limited to changes in the color, design or character of exterior building materials, windows or doors, light fixtures, signs and appurtenant elements shall be subject to review as provided in the sections on Preliminary and Final Plan Review below.
D.
Procedure.
(1)
Preliminary Review. The Architectural Review Committee shall provide Preliminary Review of proposed buildings or alterations at their regular meetings within 30 days of receipt of an application. A brief description of the proposed construction or improvements shall be included on the application which shall be available in the Building Department. Plans or sketches are required.
Signs, new or modified, decks, accessory structures such as fences, flagpoles and trellises, and installation of siding or roofing, door and window replacements, and work which does not require a building permit are generally subject only to Preliminary Review. A Plan Review Report will be forwarded to the Building Department. In all other cases, Preliminary Review will be optional, but available at the request of the applicant for exchange of information and ideas before plans for Final Review are submitted.
(2)
Application for Final Plan Review. Application for plan approval under Final Plan Review shall be made by submitting an application and sufficient copies of the site plan and other required materials as described below to the Building Department or Committee Recording Secretary. Applications shall be available in the Building Department. Notice of the time, date, and place of review and the location of proposals scheduled for Final Plan Review shall be published in a local newspaper not less than six days prior to the date of the review.
(3)
Drawings and Materials for Final Plan Review.
(a)
Site Plan. Site plans shall include boundaries and dimensions of the lot; parking areas, driveways, walkways and loading areas; existing and proposed structures; information relating to the intensity and extent of proposed lighting; a landscaping plan showing location of trees 6" or greater in diameter to be removed or retained, and type and location of other existing or proposed plantings; existing or proposed benches, footpaths or other pedestrian amenities; and principal dimensions of signs.
(b)
Architectural Elevations. Building facades, building height, roof pitch, fenestration, doors, floor to floor height shall be shown at a minimum of 1/8"=1=0" scale.
(c)
Photographs. Polaroid or other photographs of the site and abutting properties shall be required.
(d)
Samples. Samples of exterior building materials including color shall be part of the application.
(e)
Historical Information. Information on year built, historical significance, if any, and historic use shall be included in materials for review.
(4)
Final Plan Review Report and Recommendations. Within 60 days of their receipt of the application for Final Plan Review, the Architectural Review Committee shall review applications and forward a Final Plan Review Report containing its description and recommendations to the Building Commissioner. This deadline may be extended at the request of the applicant. The Final Plan Review Report shall be based on consideration of the design criteria in subsection E below and shall state in all cases the Committee's decision to approve, approve with modifications, or disapprove of the plan and shall contain specific written findings relating to compliance with the design criteria.
The committee may disapprove a proposal if it fails to meet the design criteria in subsection E and there is a resultant negative visual impact on the town. In the case of disapproval, the committee shall state clearly how the proposal fails to comply and describe the resultant negative impact. A copy of this report shall be hand delivered or mailed by certified mail to the applicant no later than the day it is forwarded to the Building Commissioner. If the proposal requires a variance or Special Permit, the Building Commissioner shall immediately transmit the Architectural Review Committee's report to the Special Permit Granting Authority.
(5)
Issuance of Building or Special Permits. Neither the Building Commissioner nor the Special Permit Granting Authority shall issue a building permit or Special Permit for construction subject to these requirements unless the Architectural Review Committee has approved the plans, the deadline for action has expired, or an appeal of this bylaw or an Exemption from Final Plan Review has been granted. In the event of Architectural Review Committee disapproval of a proposal, the Building Commissioner shall not issue a building permit nor shall the Special Permit Granting Authority issue a Special Permit.
(6)
Appeals. Any decision by the Architectural Review Committee under this section may be appealed to the Zoning Board of Appeals by any party having standing, including town officials and boards, as provided under MGL c.40A, § 8.
E.
Design Criteria. The following criteria shall be used as a guide for the Architectural Review Committee when reviewing applications. No project shall be approved unless the Architectural Review Committee finds that it meets the overall intent of the design criteria described in this bylaw.
(1)
Character. The proposal shall complement the existing Cape Cod community character that is illustrated by the variety of architectural styles set throughout Orleans. Contemporary or nontraditional designs should not be discouraged if they can be shown to be compatible with the surrounding environment.
(2)
Distinguishing Features. Original stylistic features or examples of skilled craftsmanship of historic or aesthetic significance on a building shall be preserved and maintained or replaced with similar elements where possible and where desirable.
(3)
Architectural Details. The architectural details, including signs and use of building materials, should be harmonious with the building's overall architectural style and preserve and enhance the character of the surrounding area.
(4)
Scale. The proposal demonstrates balanced proportions in relation to height and width, roof shape and pitch, and windows and doors. Scale should be compatible with other structures in the surrounding area.
(5)
Massing and Bulk. There should be an overall relationship between the building size & scale and the lot that is compatible with surrounding properties. Nearby structures built in proportion to one another are desirable.
(6)
Setback. The proposed building front maintains or builds a street front where possible to reinforce the character of the area wherever possible and desirable.
(7)
Height. There should be a relationship between the height of the proposed structure and that of adjacent properties that is compatible within the surrounding area.
(8)
Building Materials. The exterior siding, roof, windows, doors, and trim should be compatible with desirable and traditional materials used in the community. The use of innovative building materials shall not be discouraged by this criteria provided they are compatible with traditional Cape Cod style.
(9)
Roof. The shapes and angles of roofs should be compatible with surrounding roof shapes and pitches to maintain a visual balance.
(10)
Fenestration. The patterns of windows and doors should maintain a balance that conveys a sense of function and scale to the structure.
(11)
Color. Building exteriors, including signs, should have colors consistent with traditional Cape Cod designs and complement the function of the elements and their locations.
(12)
Signs. All aspects of signs including but not limited to shape, size, font style, color, design and construction, are subject to the design criteria listed in this bylaw. For buildings containing more than 1 business, continuity in sign design is desirable (see Article IX).
(13)
Lighting. Light shall be contained on site through adequate shielding and downward direction. All outdoor lighting shall comply with Chapter 122 of the Orleans Town Code.
(14)
Landscaping. Grade changes, plantings, fencing, and other aspects of landscaping, should complement the existing area landscaping as well as integrate buildings with their environment and provide amenities for pedestrians. Plantings on the street-facing side of buildings, window boxes and planters are desirable. Benches or other seating arrangements, distinctive treatment of walkways, and links with other buildings for pedestrians are encouraged. Plants that are native to Cape Cod and provide habitat value are preferred.