Randolph City Zoning Code
ARTICLE 11
Administration and Enforcement
§ 11.1 Administration.
A.
Building commissioner.
(1)
The Building Commissioner shall be the chief zoning enforcement officer for the Town of Randolph, shall enforce the provisions of the Town zoning ordinances and shall exercise the powers and duties as provided in MGL c. 40A, § 7. The Building Commissioner, when refusing to act on a written complaint of a zoning violation, shall give the reason, in writing, to the complainant within fourteen (14) days of receipt of the complaint.
(2)
The Building Commissioner shall locally administer and enforce the Massachusetts State Building Code, as provided under Massachusetts state law.
(3)
The Building Commissioner shall have such other duties and responsibilities as provided to chief municipal building officials under Massachusetts state law, subject to the terms of the Randolph Town Charter.
(4)
All applications for permits issued by the Building Commissioner and/or the Building Department shall be in writing and shall be accompanied by a plan, drawn to scale, showing the size and dimensions of the lot or lots to be altered or built upon, the public ways or other streets and premises upon which the lot(s) abuts and the size and location of the building or other structure to be erected or altered. The application shall set forth the use or uses proposed or intended and such other information as requested by the Building Commissioner.
(5)
A building permit shall be required for the construction, alternation or moving of any building or structure. The Building Commissioner shall withhold a permit for the construction, alteration or moving of any building or structure if the building or structure as constructed, altered or moved would be in violation of applicable zoning ordinances.
(6)
An occupancy permit shall be required for any new use of a building, structure or land. No permit shall be granted for a new use of a building, structure or land which use would be in violation of applicable zoning ordinances.
(7)
The Building Commissioner, in conjunction with the Planning Board or its designee(s), shall enforce the site plan and design review process as outlined in this chapter. No building permit or occupancy permit shall be issued without prior approval of any required site plan and architectural design by both the Building Commissioner and the Planning Board or its designee(s).
(8)
A foundation permit does not require site plan and design review and may be issued at the discretion of the Building Commissioner.
B.
Zoning Board of Appeals.
(1)
Consistent with the Randolph Town Charter, the Zoning Board of Appeals shall be appointed by the Town Manager and shall consist of five regular members and two associate members. The Zoning Board of Appeals shall have the powers and duties described in MGL Chapter 40A and as otherwise specified under these Town of Randolph Zoning Ordinances.
(2)
The Zoning Board of Appeals shall exercise all the powers and duties set forth in MGL c. 40A, §§ 12 and 14, and may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the Randolph Zoning Ordinances in harmony with the general intent and purpose of those Ordinances, particularly with reference to the provisions of Section 10.4, Article VII, Section 6.1, and Article V of this chapter, and with reference to the use of lots located in two (2) or more districts or municipalities.
(3)
At the time of filing an appeal, application or petition with the Zoning Board of Appeals, the applicant shall deposit with the Zoning Board of Appeals an application fee and/or a permit fee as may be determined from time to time by the Zoning Board of Appeals under its rules and regulations as provided in MGL c. 40A. The Zoning Board of Appeals may adopt rules and regulations, pursuant to MGL c. 40A, concerning its operations and its application requirements.
(4)
Appeals, applications, and petitions to the Zoning Board of Appeals shall be in writing and shall present the facts, reasons, and arguments supporting the request for relief sought and shall be filed with the Town Clerk, who, upon receipt, shall notify said Board. For all actions brought before the Board, as part of the facts, the applicant shall identify the owner of the property and the applicant, and their interests in the property. A purchase and sale agreement, lease agreement, or letter of intent may be submitted to satisfy this requirement. No application shall be considered complete until this requirement is met.
(5)
No use variance shall be permitted in any zoning district except where specifically authorized by this chapter.
C.
Amendments.
(1)
Amendments to the Town Zoning Ordinances shall be made as described in MGL c. 40A.
(2)
A proposal to amend the Town Zoning Ordinances which affects the Town Zoning Map shall include a complete boundary description, together with a plan of the area to be affected, showing existing zoning lines and proposed zoning lines, stating all pertinent dimensions, in feet, at a scale of not less than one hundred (100) feet to the inch. Whenever a proposed amendment affects the Zoning Map, in addition to other required notice, notice shall be sent to all owners of land within three hundred (300) feet of the land affected, including land in adjoining towns, if any, all as they appear on the most recent applicable tax list.
(3)
Reconsideration of proposed zoning amendments. As provided in MGL c. 40A, no proposed zoning ordinance which has been unfavorably acted upon by the Town Council shall be considered by the Town Council within two (2) years after the date of such unfavorable action unless the adoption of such proposed ordinance is recommended in the final report of the Planning Board, as required by MGL c. 40A, § 5.
(4)
Effective date of amendments. Zoning amendments become effective when adopted by the Town Council as provided by MGL c. 40A, § 5.
D.
Violations and penalties.
(1)
If written complaint is made to the Building Commissioner, or if the Building Commissioner has reason to believe that any provision of this chapter is being or is about to be violated, the Building Commissioner shall make or cause an investigation to be made into the facts.
(2)
If the Building Commissioner finds no violation or prospective violation, any person aggrieved by this decision or any officer or board of the Town may, within thirty (30) days and consistent with MGL c. 40A, appeal to the Zoning Board of Appeals.
(3)
If the Building Commissioner finds a violation or prospective violation, the Building Commissioner shall give immediate notice, in writing, to the owner and to the occupant of the premises and shall order him or her to cease and desist and refrain from such violation. Any person aggrieved by the Building Commissioner's decision, or any officer or board of the Town, may, within thirty (30) days and consistent with MGL c. 40A, appeal to the Zoning Board of Appeals.
(4)
If, after action by the Building Commissioner, an appeal is taken to the Zoning Board of Appeals, and after a public hearing the Zoning Board of Appeals finds that there has been a violation or prospective violation, the Building Commissioner shall issue an order to cease and desist and refrain from such violation unless such order has been previously issued under Subsection D(3).
(5)
If such violation then continues, the Building Commissioner may forthwith make application, consistent with MGL c. 40A, for a Court injunction or order restraining the violation and shall take such other action as may be necessary to enforce this chapter, including any action permitted by law.
(6)
Penalties for violations of any provisions of this chapter may, upon conviction, be affixed in an amount as permitted under MGL c. 40A. Each day or portion of a day that any violation is continued shall constitute a separate offense.
§ 11.2 Special Permits.
A.
Special permit required. Certain uses described in the Zoning Ordinances are permitted only upon the prior issuance of a special permit, as provided in this article. A special permit may be granted for a particular use by the designated special permit granting authority ("SPGA"). A special permit shall only be issued for a use which is in harmony with the general purpose and intent of the Town Zoning Ordinances. Before issuing a special permit, the SPGA shall make such findings as may be required by this chapter and may impose conditions, safeguards and limitations deemed appropriate to further the objectives of this chapter, including, but not limited to, imposition of requirements greater than the minimum set forth by this chapter.
B.
Procedure.
(1)
Rules. The special permit granting authority shall adopt, and may from time to time amend, rules relative to the granting of special permits. An up-to-date copy of such rules shall be kept on file in the office of the Town Clerk. Such rules may prescribe the size, form, contents, style and number of copies of plans and specifications and the procedure for the submission, processing and approval of all applications for such permits.
(2)
Filing of application. Each application for a special permit shall be filed by the petitioner with the town clerk and a copy of said application, including the date and time of filing certified by the town clerk, shall be filed forthwith by the petitioner with the special permit granting authority. All applications made to a SPGA shall identify the owner of the property and the applicant and their interests in the property. A purchase and sale agreement, lease agreement, or letter of intent may be submitted to satisfy this requirement. No application shall be considered complete until this requirement is met.
(3)
Public hearing. Not more than sixty-five (65) days following the date a complete special permit application has been filed with it, the special permit granting authority shall hold a public hearing concerning each such application.
(4)
Notice of public hearing. Notice of public hearing under this article shall be publication or posting as provided in MGL c. 40A, § 11, and by mailing to all parties in interest, as therein defined.
(5)
Action on application. The special permit granting authority shall act with respect to each such application within ninety (90) days following the date of the public hearing on such application. The required time limits for a public hearing, and action on the application, may be extended by written agreement between the petitioner and the special permit granting authority. A copy of such agreement shall be filed in the office of the town clerk. Failure by the special permit granting authority to take final action within said ninety days or extended time, if applicable, shall be deemed to be a grant of the special permit, subject to the requirements of MGL c. 40A.
(6)
Voting. Approval of special permits shall require an affirmative vote consistent with MGL c. 40A.
(7)
Withdrawal of an application. An application for a special permit which has been transmitted to the special permit granting authority may be withdrawn, without prejudice, by the applicant prior to the publication of the notice of a public hearing thereon; thereafter, it may be withdrawn without prejudice only with the approval of the special permit granting authority, as required by MGL c. 40A, § 16.
(8)
Copy of decision. Upon taking final action on a special permit application, the special permit granting authority shall issue a certified copy of its decision, shall filed it with the Town Clerk, shall provide a copy to the owner and to the applicant if other than the owner, and shall provide such other notice as required under MGL c. 40A. The decision shall contain all information required under MGL c. 40A and shall include the name and address of the owner, identify the land affected, set forth compliance with the statutory requirements for the issuance or denial of the permit and certify that copies of the decision and all plans referred to in the decision have been filed with the Planning Board and with the Town Clerk.
(9)
Time of taking effect. No special permit shall become effective until a copy of the decision of the special permit granting authority, bearing the certification of the Town Clerk that twenty (20) days have elapsed and no appeal has been filed or that such appeal has been filed and that it has been dismissed or denied, is recorded in the Norfolk County Registry of Deeds and indexed in the grantor index under the name of the owner of record or is recorded and noted on the owner's certificate of title. The fee for recording or registering shall be paid by the owner or the applicant.
(10)
Lapse of permit. Consistent with MGL c. 40A, a special permit issued under this article shall lapse at the expiration of two (2) years following the date of the decision of the special permit granting authority, unless substantial use of the permit has been commenced, except for good cause, or, in the case of a permit for construction, if construction has not begun prior to such date, except for good cause.
(11)
Conditions. As part of the granting of a special permit, the special permit granting authority may impose conditions, safeguards and limitations on time or use.
(12)
Repeat of application. No application which has been unfavorably and finally acted upon by the special permit granting authority shall be favorably acted upon within two (2) years following the date of final unfavorable action, unless such special permit granting authority finds (by the same vote as required above) 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 (1) of the Planning Board members 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, as required by MGL c. 40A, § 16.
C.
Authority to issue special permits.
(1)
Designation of special permits granting authority.
(a)
The Town Council shall be the special permit granting authority for those activities listed on the Table of Allowable Activity as "SPTC".
(b)
The Planning Board shall be the special permit granting authority for those activities listed on the Table of Allowable Activity as "SPPB".
(c)
The Zoning Board of Appeals shall be the special permit granting authority for extension or alteration of existing nonconforming structures or uses.
(d)
The Zoning Board of Appeals shall be the special permit granting authority for nonconforming structures or uses damaged or destroyed by accidental causes.
(2)
Other special permits.
(a)
Any other special permit that may be issued pursuant to these Zoning Ordinances shall be under the authority of the SPGA specifically indicated in these Ordinances for that type of special permit.
(b)
If a special permit is required by these Zoning Ordinances but no SPGA is indicated, the Planning Board shall be the SPGA for that special permit.
D.
Special permit requirements for particular uses/activities. When a special permit is required under these Zoning Ordinances for a particular use or activity, the SPGA shall consider whether the granting of the special permit would satisfy the following general and specific requirements. A special permit shall be granted by the SPGA only upon the written determination of the SPGA that the applicable general and specific requirements described in this section have been satisfied.
(1)
General requirements for use. The following requirements shall apply to all special permits issued under these Zoning Ordinances.
(a)
The proposed use or activity is in harmony with the general purpose and intent of the Town Zoning Ordinances.
(b)
The proposed use is acceptable in light of the requirements contained in MGL c. 40A.
(c)
The adverse effects of the proposed use will not outweigh its beneficial impacts to the Town and to the neighborhood where the use will be located, in view of the particular characteristics of the site, and of the proposal in relation to the site.
(d)
The proposed use is acceptable in light of the requirements contained in the Town Zoning Ordinance and the Table of Allowable Activities.
(e)
The proposed use is consistent with the Town Master Plan.
(f)
The proposed use is acceptable with regard to traffic flow and safety concerns, including parking and loading.
(g)
The proposed used is acceptable with regard to adequacy of utilities and other public services.
(h)
The proposed use is acceptable with regard to impacts on neighborhood character.
(i)
The proposed use is acceptable with regard to impacts on the natural environment.
(2)
Specific requirements for specific uses. The following requirements shall apply to special permits issued under these Zoning Ordinances for each of the following specific uses. Each of the following uses requires a special permit.
(a)
Earthwork removal. No soil, loam, sand, gravel or stone shall be removed from any land in the Town not in municipal use without first obtaining a special permit from the Planning Board, except for the following activities, which do not require a special permit:
[1]
The removal of less than 10 cubic yards of material in total in a one-year period from a single parcel.
[2]
The transfer of material from one part of a parcel to another part of the same parcel for immediate use in such other part of the parcel.
[3]
The removal of material excavated in connection with the new construction of a building or structure, a sidewalk, path or other site work, incidental to the construction of any such building or structure, or excavation in connection with the new construction of public or private ways, but only as indicated on plans and profiles prepared by a registered engineer and approved through the site plan and design review process.
(b)
Extension or alteration of existing nonconforming structures or uses. The Zoning Board of Appeals, as the special permit granting authority, may issue a special permit for the extension or alteration of an existing nonconforming structure or use upon a specific finding by said Board that such change, extension or alteration shall not be substantially more detrimental to the neighborhood than the existing nonconforming structure or use.
(c)
Nonconforming structures or uses damaged or destroyed by accidental causes. The Zoning Board of Appeals, as the special permit granting authority, may issue a special permit for the repair or replacement of a nonconforming structure or use damaged or destroyed by accidental causes. Said structure or use may be repaired, reconstructed or restored either within the same portion of the lot or within a different portion of the lot, provided that doing so renders the structure less nonconforming than previously, and used as before, provided that such repair, reconstruction or restoration shall be completed within two (2) years of said accidental damage or destruction.
(d)
Adult use private club. The Town Council, as the special permit granting authority, may issue a special permit for the establishment and operation of a structure or facility owned and/or operated for social or recreational purposes where patrons (as opposed to performers or employees) display live nudity or other nudity, as that term is defined in MGL c. 272, § 31. The specific requirements contained in subsection e, below, shall also apply to applications for an Adult Use Private Club.
(e)
Adult bookstores, adult motion-picture theaters, adult clubs, adult paraphernalia stores and adult video stores. The Town Council, as the special permit granting authority, may issue a special permit for the establishment and operation of an adult bookstore, an adult motion-picture theater, an adult club, an adult paraphernalia store or an adult video store. The following requirements shall apply to special permits issued for these uses:
[1]
The adult bookstore, adult motion-picture theater, adult club, adult paraphernalia store or adult video store may only be located in an Industrial District or zone.
[2]
The adult bookstore, adult motion-picture theater, adult club, adult paraphernalia store or adult video store must be located at least five hundred (500) feet from any residential or multifamily district or zone, measured from the property lines of the lot on which the bookstore, theater, club or store is to be established.
[3]
The adult bookstore, adult motion-picture theater, adult club, adult paraphernalia store or adult video store must be located at least five hundred (500) feet from any establishment licensed under the provisions of MGL. c. 138, § 12. In the case of an adult club, which itself must be licensed under the provisions of MGL c. 138, § 12, such club must be located at least five hundred (500) feet from any other establishment licensed under the provisions of MGL c. 138, § 12.
[4]
The adult bookstore, adult motion-picture theater, adult club, adult paraphernalia store or adult video store must be located at least five hundred (500) feet from any school, whether public or private, at least five hundred (500) feet from any house of worship, at least five hundred (500) feet from any day-care facility, and at least five hundred (500) feet from any public park or playground.
[5]
Any special permit granted under this Subsection D(2)(e) shall lapse within six (6) months, including such time required to pursue or await the determination of an appeal taken under MGL c. 40A, § 17, from the grant thereof, if a substantial use thereof has not sooner commenced, except for good cause, or, in the case of a permit for construction, if construction has not begun by such date, except for good cause.
[6]
No use authorized by special permit under Subsection D(2)(e) shall be located within two hundred fifty (250) feet of any other use authorized by special permit under this Subsection B(5).
(f)
Drive-through windows. The placement, installation, use or maintenance of a drive-through window service shall not be allowed except as authorized to do so by a special permit issued by the Town Council. A drive-through window is a service window at a business designed for customers to receive service without leaving their vehicles. It does not include windows where only walk-up service is provided. The Town Council, as the special permit granting authority, may issue a special permit for a drive-through window service, provided that all of the following conditions are met:
[1]
As part of their application for a special permit, applicants shall file with the Town Council a site plan showing the location of the buildings, the location of the proposed drive-through window, traffic flow, parking and vehicular access to the site.
[2]
Applicants shall provide a description of the services to be provided through the drive-through window and the hours that the window will operate.
(g)
Twenty-four hour business operations. No twenty-four-hour business operation shall be allowed unless authorized by a special permit. A twenty-four-hour business operation shall mean those businesses whose operations include continuous operation between the hours of 2:00 am and 5:00 am. A business that allows cleaning, maintenance, deliveries, stocking of shelves, or other similar activities during these hours shall not be considered a twenty-four-hour business operation unless the business is also operating some portion of its main business activities continuously during these hours. The existence of an automated service during these hours, such as a vending machine, automated teller, cash machine, water dispenser, or other similar service, shall not, alone, cause a business to be considered a twenty-four-hour business. This subsection does not apply to licensed common victualers or to licensed establishments serving alcoholic beverages. The Town Council shall be the special permit granting authority for twenty-four-hour business operations.
(h)
Wireless communications towers: See Section 9.3.
(i)
Crematories. The placement, installation, use or maintenance of a crematory shall not be allowed anywhere in the Town unless authorized by a special permit issued by the Town Council. In order to issue a special permit for a crematory, the Town Council shall find that all of the following criteria and all other applicable procedural and substantive requirements of this chapter are satisfied:
[1]
A crematory may be located only within the limits of a cemetery containing no less than twenty (20) acres, which cemetery shall have been in existence and actually used for burial purposes for a period of at least five (5) years immediately preceding the time of initiating the crematory use.
[2]
The crematory facility shall be set back at least two thousand (2,000) feet from the property lines of the lot upon which it is located, plus an additional two thousand (2,000) feet from any residential zoning district abutting such lot.
[3]
The crematory facility shall be set back at least two thousand (2,000) feet from any public or private way, including without limitation the way which provides frontage for the lot upon which the facility is located.
[4]
No signage identifying the property as the location of a crematory shall be allowed.
[5]
The frontage requirements of a lot containing a crematory shall be those of the underlying zoning district.
[6]
The crematory shall have no detrimental effect on the neighborhood in which it is located or on the Town as a whole.
[7]
The crematory shall be adequately screened by vegetation or a fence so that it is not visible from any residential zoning district or from any public or private way.
[8]
The Town Council may condition its grant of a special permit for a crematory, including, without limitation:
[a]
Conditions, safeguards and limitations on time and/or use;
[b]
Term of ownership or use by the applicant;
[c]
A specific term with renewals required;
[d]
Hours of operation;
[e]
Required parking spaces;
[f]
Police details for public safety and traffic control;
[g]
Landscaping; and
[h]
Any condition the Town Council deems necessary or desirable for the health, safety and/or convenience of the residents of the neighborhood in which the facility is located or of the Town as a whole.
(j)
Rehabilitation facility or assisted-living facility. The Town Council, as the special permit granting authority, may, in its sole discretion, issue a special permit for a rehabilitation facility or assisted-living facility located within an applicable district if it determines that the particular use provides a significant benefit to the Town of Randolph, will not be injurious to the neighborhood in which it is located, nor to traffic and safety conditions therein, nor otherwise detrimental to the public safety and welfare. Notwithstanding the aforementioned, the following conditions must be met:
[1]
Lot size shall have a minimum of three (3) acres.
[2]
The site must have at least one (1) property line abutting a major thoroughfare.
[3]
Where any required yard abuts a residential zone, there shall be a forty-foot vegetated buffer which contains upright coniferous evergreens six (6) feet in height and fifteen (15) feet on center.
[4]
Access to ambulance and delivery areas shall be directly from a major thoroughfare, not a secondary road.
[5]
Areas shall be obscured from all adjacent residentially zoned districts through installation of fencing at least six (6) feet in height supplemented by landscaping, for parking and storage of emergency and maintenance vehicles and subject to the following conditions:
[a]
Such use is accessory to the principal use.
[b]
The minimum distance of any garage from any property line shall be fifty (50) feet.
[c]
No garage may be located between the side of the principal building and the closest major thoroughfare.
[d]
Garages must be designed to be architecturally compatible with the primary building.
(k)
Marijuana treatment center(s), sales, cultivation, harvesting.
[1]
The Town Council, acting as the special permit granting authority, may issue a special permit for the establishment of a marijuana treatment center(s), marijuana growing, cultivating, or harvesting areas, marijuana distribution, provided that the following conditions are met:
[a]
The applicant must qualify for and abide by any and all local and state rules, regulations and/or laws applicable to a medical marijuana treatment center(s);
[b]
The applicant and any and all employees or agents of applicant shall execute a Massachusetts criminal offender record information (CORI) request form to be administered by Department of Criminal Justice Information Services (DCJIS), which will be used in the determination of the special permit;
[c]
No owner, agent, or employee of the applicant shall have been convicted of an offense under MGL Chapters 272, 94C, 64K, 269, 265, 271, 266, 272, 118E, 112, or like crimes from another state or territory of the United States or foreign jurisdictions;
[d]
The parcel for which said special permit is being requested shall be no closer than one thousand (1,000) feet to a school (public or private), a playground/park or other public area that the general public has access to, a halfway house, sober house, treatment center, Alcoholics Anonymous gathering or meeting point, or house of worship; any club or children's oriented activity where children gather, including day-care centers, libraries, arcades, etc.;
[e]
The property in which the applicant not-for-profit entity shall be located shall be in a freestanding building and shall not share a common wall with any other use or tenant space, except with a use that is consistent with the operation of a Medical Marijuana Treatment Center or any associated medical Marijuana Cultivation.
[f]
No signage shall be allowed other than one (1) single sign measuring no greater than eighteen (18) inches by six (6) inches, which shall be affixed to the front door of the establishment and shall not be illuminated;
[g]
All other sections of the Town of Randolph's Sign Ordinance shall not apply to this special permit;
[h]
The applicant shall file a completed Town application on an approved application form issued by the Town Council which shall include:
[i]
A written exterior refuse control plan.
[ii]
A written public safety plan for police matters.
[iii]
A written public safety plan with regard to fire matters.
[iv]
A written plan to reduce odorous emissions.
[v]
An indication whether the medical use is to be consumed on the premises.
[i]
The applicant shall pay to the Town an application fee at the time of the original submittal and the applicant shall also pay to the Town an annual renewal fee.
[j]
All dispensaries shall be inspected on a semiannual basis by the Building Department, Fire Department, Police Department, and Board of Health. There shall be a semiannual fee of $125 to be paid to each department to offset all additional costs associated with the facility inspection, except sprinkler fee inspections. These semiannual reports shall be forwarded to the SPGA outlining that the entity is in compliance or if any deviations exist;
[k]
The hours of operation shall be no earlier than 8:30 a.m. and no later than 7:00 p.m.;
[l]
There shall be no drive-through or take-out window allowed;
[m]
Dispensing of any marijuana product shall not occur in any automated manner, i.e., vending machines. All dispensing must occur in a person-to-person manner within the confines of the closed facility; and
[n]
Any condition that the Town Council deems necessary or desirable to benefit, protect, and secure the health, safety, and/or convenience of the Town and/or the residents of the neighborhood in which the medical marijuana treatment center(s) facility is located.
[o]
Areas where uses are permitted.
[i]
The uses described in this Subsection D(2)(k) shall only be permitted as described in the Table of Allowable Activity or in the Great Bear Swamp Highway District (GBHD), but only in the GBHD if the use is on the southeasterly side of the way known as Route 139/Mazzeo Drive and only if the use is set back at least five hundred (500) feet from the way known as Route 139/Mazzeo Drive.
[ii]
The uses described in this Subsection D(2)(k) shall only be permitted as described in the Table of Allowable Activity or in the Industrial District (ID), but only in the ID if the use is located on a parcel with frontage on the way known as Teed Drive or with frontage on the way known as Chief's Way.
[2]
Hardship cultivation. All persons who possess a hardship cultivation registration as defined herein shall be allowed to cultivate medical marijuana within a single-family residential home, subject to the conditions set forth by the commonwealth and the conditions set forth in this Section 11.2 and these additional conditions:
[a]
The registrant shall provide a copy of its registration card to the heads of the Police Department, Fire Department, Building Department and the Board of Health.
[b]
The registrant shall provide a security plan to the head of the Police Department that outlines specific protection of the medical marijuana within an enclosed and locked facility.
[c]
The registrant shall provide a plan in the case of a fire to the Fire Chief to protect the general public and first responders and other safety officials.
[d]
The registrant shall obtain building, wiring, plumbing and any other permits necessary to construct the enclosed facility, locked facility, for the cultivation of medical marijuana and obtain subsequent inspections for permits.
[e]
The cultivation under this subsection must take place on property that is owned, rented or leased by the registrant; if the property is leased or rented, then a signed affidavit from the owner of the property must be submitted allowing the cultivation to exist.
[f]
The registrant shall provide a written plan to reduce odorous emissions.
(l)
Car washes.
[1]
All mechanical car wash facilities shall be located on a lot and shall be permanent or semi-permanent fixtures on that lot. Mechanical mobile car wash facilities (wash facilities that move from location to location) are not permitted in any zoning district.
[2]
Nothing in these Zoning Ordinances shall prevent occasional hand washing, cleaning or waxing of individual vehicles in any zoning district, so long as washing, cleaning or waxing of vehicles is not the primary purpose of the building, area or entity doing the washing, cleaning or waxing.
[3]
Every car wash facility shall be screened from any adjacent residential property or residential zone by a suitable opaque fence (which shall bear no advertising), or planting screen, six (6) feet in height and providing such density so as to provide year-round screening.
[4]
In addition to complying with all applicable parking requirements contained in Article IV of these Zoning Ordinances, each car wash bay shall have the following vehicle stacking capacity for cars waiting to be serviced:
[a]
Two (2) stacking spaces for each self-serve bay or space; or
[b]
Four (4) spaces for each automatic bay or space.
[5]
If accessory vacuuming facilities are provided, the site plan shall demonstrate one parking space for each vehicle capable of being serviced at any one time at such vacuum facility where such spaces do not interfere with circulation drives, stacking lanes or entry and exit drives.
[6]
All car wash facilities must comply with the requirements of the Clean Water Act, the Town of Randolph Stormwater and MS4 Ordinances and regulations, and the Massachusetts MS4 General Permit (as most recently amended).
[7]
Whenever a declaration of a state of water supply emergency or resulting order is legally declared and imposed on the Town of Randolph by an appropriate state or federal agency, or a water conservation emergency declared by the Tri-Town Board Water Commission or its successor, the Town Council may promulgate such reasonable rules and regulations as are necessary to implement said declaration, order or water conservation emergency, including limiting the quantity of water available to car washes.
[8]
Car wash facilities shall recycle as much of the water as reasonably practical.
§ 11.3 Site Plan and Design Review.
A.
Purpose and intent.
(1)
The purpose of site plan and design review is to provide community guidelines to create safer, more efficient, pedestrian-friendly projects with human-scale orientation to preserve and enhance the Town's cultural, economic and historic resources by providing a review process to evaluate the design and function of developed sites and the appearance of structures which may impact Town resources and community character.
(2)
The review procedures are intended to:
(a)
Provide a predictable and timely development review process to evaluate proposed site design layouts and site improvements on a parcel or group of parcels.
(b)
Enhance the social and economic viability of the Town by preserving property values, and promoting the attractiveness of the Town as a place to live, visit, and shop.
(c)
Integrate projects more effectively into the surrounding environment and provide a review process for land use changes, and changes in the appearance of structures, sites, and signage.
(d)
Encourage attractive development based on good design. Good design encourages clearly defined entryways, articulated rooflines to prevent monotony, pedestrian amenity areas, and concealment of unsightly mechanical structures from public view.
(e)
Encourage efficient, pedestrian-oriented design which effectively resolves the incompatibility between pedestrians and motorists while providing interconnectivity between buildings, parking areas and other internal/external components.
(f)
Encourage parking lot design which meets vehicular needs, while providing safe, efficient, comfortable pedestrian flow.
(g)
Encourage adequate landscaping that provides screening and shade for public benefit.
(h)
Encourage enhanced lighting design, to avoid forms of nuisance and intrusiveness into adjacent areas, while enhancing public safety.
(i)
Encourage the conservation of buildings and groups of buildings that have aesthetic or historic significance.
(j)
Promote alterations that are compatible with the existing environment and that are not inferior in quality or appearance.
(k)
Ensure reasonable use of property and design development consistent with the provisions of the Randolph Zoning Ordinances.
B.
Applicability. There are three (3) tiers of site plan and design review depending on the type of use or activity and the scope of the project. The applicant shall meet all conditions imposed by the site plan and design review process prior to the issuance of a building or sign permit except for those conditions that are intended to be satisfied during construction or later.
(1)
Tier 1: Administrative Site Plan and Design Review. Conducted by the Planning Board's designee(s); a public meeting or hearing is not required. The designee may refer the project to the Planning Board if it is the determination of the designee that the potential impacts of the project require review by the Planning Board. The applicant may also request a Planning Board review. The thresholds for this review are:
(a)
Additions totaling less than or equal to two thousand five hundred (2,500) square feet to an existing nonresidential structure, which affect the exterior appearance of a structure or site.
(b)
Additional parking and parking lot design.
(c)
Modifications to the exterior of a nonresidential building, mixed-use structure or multifamily dwelling, including:
[1]
Changes to color.
[2]
Removal of trees greater than two (2) inches in caliper.
[3]
Removal of hedges and living shrubs.
[4]
Alterations, demolitions, removal or construction affecting the architectural appearance of the structure(s), signs or the site.
[5]
Changes to existing sign types and faces.
(2)
Tier 2: Planning Board site plan and design review. Conducted by the Planning Board at a regularly scheduled or special meeting. The thresholds for this review are:
(a)
All new nonresidential structures less than or equal to seven thousand five hundred (7,500) square feet.
(b)
Additions from two thousand five hundred one (2,501) square feet to seven thousand five hundred (7,500) square feet to all structures which affect the exterior appearance of a structure or site.
(3)
Tier 3: Public hearing with site plan and design review.
(a)
Categories of projects for which the site plan and design review will be conducted by the Planning Board as a Tier 3 review at a noticed and advertised public hearing:
[1]
Any uses that require the granting of a special permit by the Planning Board, noted as "SPPB" in the Table of Allowable Activity. In such a case, site plan and design review, if required, will be conducted by the Planning Board.
[2]
Projects that meet the following thresholds:
[a]
New structures over seven thousand five hundred (7,500) square feet. Site plan and design review will be conducted by the Planning Board following input received from Town departments, boards and commissions.
[b]
Additions to existing structures where the addition is greater than seven thousand five hundred (7,500) square feet. Site plan and design review will be conducted by the Planning Board following input received from Town departments, boards and commissions.
(b)
Categories of projects for which the site plan and design review will be conducted by the Town Council as a Tier 3 review at a noticed and advertised public hearing:
[1]
Any uses that require the granting of a special permit by the Town Council, noted as "SPTC" in the Table of Allowable Activity. In such a case, site plan and design review, if required, will be conducted by the Town Council.
(4)
The applicable acting body under this Section 11.3B may retain a peer review engineering expert or other type of expert, as it sees fit, to assist in its review of the application and all associated matters. Any such costs shall be charged to the applicant. When the Town Council serves at the applicable acting body under this section, the Town Council may, in its discretion, request a technical review of the project plans by the Planning Board prior to acting on the site plan and design review application.
(5)
If a project qualifies for site plan and design review under multiple tiers, the highest tier of review shall apply. If a project qualifies for Tier 3 site plan and design review by both the Planning Board and the Town Council, the Town Council shall conduct the Tier 3 review. The provisions of this Section 11.3B shall apply notwithstanding the applicability of the Table of Allowable Uses to any given project or use.
(6)
For the purposes of this Section 11.3B, a structure shall not be limited to a "building" but shall include buildings, canopies, outbuildings and the like, and the total of these shall be used in the calculation of square footage.
C.
Special permits.
(1)
When an activity or use requires site plan and design review and one (1) or more special permits, then a public hearing pursuant to the provisions of MGL c. 40A and this chapter shall be held by the applicable special permit granting authority (SPGA). In such a case, that SPGA shall also conduct the site plan and design review for the proposed activity or use and the site plan and design review shall also be conducted at a public hearing. If the proposed activity or use requires a special permit from both the Planning Board and the Town Council, the Town Council shall conduct the site plan and design review.
(2)
Submission requirements for special permits shall be as specified in this chapter and in any procedural rules of the applicable acting body.
(3)
The Planning Board and Town Council, in their policies and procedures, shall establish standards for special permit approval consistent with Article VIII of this chapter.
D.
Procedures.
(1)
Applications and plans for site plan and design review shall be submitted to the applicable acting body and shall be prepared in accordance with the provisions of this chapter and policies and procedures of said body. The Town Council may rely on the policies and procedures of the Planning Board for site plan and design review applications or may promulgate its own policies and procedures.
(2)
As directed by the Planning Board, the Town Council or their respective designee(s), an applicant shall supply the technical data and study results to support the site plan and resulting findings.
(3)
In accordance with MGL c. 44, § 53G, the Planning Board or Town Council may require that applicants pay the reasonable cost (project review fee) for the employment of outside consultants to review a proposed site plan and/or an as-built plan. The project review fee may be used to engage experts, other than attorneys, as outside consultants to assist the applicable acting body in the technical evaluation of a site plan and/or an as-built plan.
(4)
Copies of the application and site plan will be circulated for review and comment to the appropriate Town departments or commissions, including Town Council. Town departments will have fifteen (15) days for Tier 2 projects and thirty (30) days for Tier 3 projects to forward comments to the applicable acting body.
(5)
Abutter notification shall take place in Tier 3 projects.
(a)
Abutters shall be notified in accordance with MGL c. 40A, § 11.
(b)
Proof of notification shall be required for a public hearing.
(6)
The Planning Board, Town Council or their designee(s) shall review and act upon the applications and may require conditions necessary to satisfy the review standards and maintain the intent of each zoning district.
(a)
Tier 1: A decision shall be made within forty-five (45) days of receipt of a complete accepted application, unless extended by mutual agreement. A report of the Planning Board designee's decision/findings shall be forwarded to applicable departments including Building, Conservation, DPW, Engineering, Fire and Health and a copy included in the building jacket. Failure of the Planning Board or its designee(s) to act within forty-five (45) days of a complete accepted application shall be deemed an approval.
(b)
Tier 2: The Planning Board, voting as a simple majority, shall render a decision within forty-five (45) days of a complete accepted application, unless extended by mutual agreement. A copy of a written decision shall be sent to applicable departments including Building, Conservation, DPW, Engineering, Fire and Health and a copy included in the building jacket. Failure of the Planning Board or its designee(s) to act within forty-five (45) days of a complete accepted application shall be deemed an approval.
(c)
Tier 3: The applicable acting body will hold a public hearing within sixty-five (65) days of receipt of a complete accepted application. The public hearing requirements of MGL c. 40A, § 11, shall be followed. The applicable acting body shall render a decision on the site plan and design review separately from any special permit decision. The site plan and design review decision shall be made within ninety days following the date of the public hearing. Any deadlines contained in this paragraph may be extended by mutual agreement. A copy of the certified decision, after the expiration of all statutory appeals periods, shall be sent to applicable departments including Building, Conservation, DPW, Engineering, Fire and Health and a copy included in the building jacket. Failure of the applicable body or its respective designee(s) to act within the required time periods shall be deemed approval.
(7)
The applicant shall obtain all other permits, licenses and approvals for the project from Town boards, committees, commissions and departments as applicable in the normal course.
E.
Standards and criteria. The Planning Board, Town Council or their respective designee(s) shall review all site plans and design review applications and projects as described in this zoning ordinance in order to assess the degree to which a proposed project, use or activity is consistent with the site for the permitted use and whether it is permissible by the regulations of the zoning district in which it is located. The project is expected to conform to all provisions of this chapter, including meeting the criteria for granting any permit or special permit and all applicable Planning Board or Town Council policies and procedures.
(1)
Site development standards:
(a)
Preserves significant natural features.
(b)
Ensures adequate methods for sewerage, refuse and other wastes resulting from the uses on the site.
(c)
Provides stormwater management consistent with the requirements of the Stormwater Authority.
(d)
Ensures that utility connections are adequate and are connected from underground.
(e)
Parking meets the requirements of this chapter.
(2)
Design standards.
(a)
To promote the thoughtful design or redesign of buildings within the Town of Randolph, the design or redesign of buildings in Randolph shall acknowledge and respect the surrounding existing patterns of development and the Town's desired development patterns, open space and natural resources according to design principles including:
[1]
Enhancing the open space between existing and proposed buildings.
[2]
Promoting the visual and functional quality of the surrounding neighborhood.
[3]
Promoting pedestrian-friendly scales that link the development to the surrounding buildings, neighborhood and natural environment.
[4]
Providing buildings in scale and in proportion to the adjacent existing structures, open space and natural and man-made environment.
[5]
Visually relating proposed buildings to their surroundings with respect to:
[a]
Height.
[b]
Street facade.
[c]
Materials, texture and color.
[d]
Human scale.
[e]
Quality and quantity of open space.
[f]
Natural environment.
[g]
Spacing of buildings and signs.
[h]
Building proportions.
[i]
Quality of open space and land.
[j]
Handicapped pedestrian access.
(b)
Projects must meet the following building and site design criteria:
[1]
Facades.
[a]
No uninterrupted and/or unadorned length of any portion of a facade shall exceed thirty (30) linear feet (This measurement shall not apply to portions that are not visible to the public.). Interruptions of such continuous lengths of the facade shall include wall plane projections and/or recesses of not less than six inches in offset, and one (1) or more of the following architectural features:
[i]
Pilasters;
[ii]
Columns;
[iii]
Canopies/Porticos;
[iv]
Arcades/Colonnades; and/or
[v]
Parapets and windows.
[b]
All facades shall include repeating patterns at intervals of no more than thirty (30) linear feet, horizontally or vertically. Such repeating patterns shall include:
[i]
Windows.
[ii]
Color, texture, material module changes; and/or
[iii]
Surface modeling changes such as offsets, reveals, or ribs no less than twelve (12) inches in width and one (1) inch in depth.
[2]
Materials and colors.
[a]
Industrial and/or utility grade metal wall panels, used as a finished material, shall be prohibited on facades. Metal doors, including overhead doors, are allowed where appropriate. Architectural metal panels and metal roofs are acceptable, subject to the determination of the applicable acting body or their respective designee(s) that the treatment meets the intent of this section.
[b]
Smooth-faced concrete or smooth-faced masonry units on facades shall have a decorative finish. Tilt-up concrete panels, prefabricated steel panels, or other similar non-glass smooth surfaced panels shall not be exposed.
[c]
The color palette is to be consistent with buildings in the surrounding area.
[d]
Colors chosen for signage are to be restricted to three (3) colors.
[e]
Colors for buildings, signage or other site features to be approved by the applicable acting body or their respective designee(s).
[3]
Entryways. Entrances shall be clearly defined and include at least two (2) of the following features: canopies/porticos, overhangs, recesses/projections, arcades, raised above-the-door cornice parapets, peak roof form, arches, outdoor patios, display windows, integrated architectural details such as tile work, moldings, planters or wind walls and/or landscaped sitting areas; and must be consistent with adjacent buildings and community features.
[4]
Roof treatments.
[a]
Buildings are required to have variations in the roofline and the roof features that are consistent with the building's mass and scale and with the surrounding buildings.
[b]
Rooftop equipment and heating, ventilation, air-conditioning (HVAC) units shall be concealed from public view.
[5]
Pedestrian circulation. All projects shall be pedestrian-oriented through design features that enhance pedestrian safety, efficiency, and connectivity, with a clear definition between vehicular areas and pedestrian walkways.
[a]
Sidewalks. Pedestrian connectivity between the project building entrances and parking areas, public sidewalks, outparcel buildings, and transit stops shall be clearly indicated through the use of landscaped areas and sidewalks which are made of materials such as scored concrete, pavers or bricks. All customer entrances shall include sidewalks along the full length of the facade.
[b]
Pedestrian amenity areas. All projects shall include design features such as pedestrian amenity areas, which should include well-landscaped sitting areas with design components such as seating elements and/or other amenities in shaded areas.
[6]
Parking areas. Parking lots and access aisleways shall be designed utilizing the following standards:
[a]
Parking lot design. Vast, unbroken parking lots are prohibited. Parking areas shall be designed to be broken up with landscape islands, pedestrian walkways, significant landscaping or geographic features and/or by the design components of the proposed building. Parking lot landscape islands shall include pedestrian amenities where appropriate to facilitate pedestrian connectivity.
[b]
Alternative parking lot designs incorporating natural resources are encouraged, subject to review by the applicable acting body or their respective designee(s).
[c]
Parking spaces. The number of parking spaces shall be determined in accordance with Section 7.6 of this chapter and the Table of Dimensional Requirements. Each parking space in excess of the minimum shall require additional landscaped areas of at least ten (10) square feet to be placed within the internal parking area and/or right-of-way buffer.
[d]
Parking spaces should be broken into groups of ten (10) or less with a requirement of two hundred (200) square feet of planted area for every one thousand (1,000) square feet of parking area. The planting area is to be located internal to the parking area. Landscape islands and medians may be used to meet this requirement. In situations where the acting body determines that it is impractical to provide internal landscaped area meeting the above requirements, the parking area may instead be provided with additional landscaped area that more effectively screens it from public view by providing greater depth and/or density to perimeter landscaping.
[e]
Parking lots, loading areas, storage areas, dumpsters, refuse collection and storage areas, and service areas shall be screened from view, from all public rights-of-way and all adjacent properties, by the use of landscaping buffers, berms, natural contours, fences or a combination of the above.
[f]
Bicycle parking should be provided for commercial uses and multifamily developments, as practicable.
[7]
General landscaping requirements. The following landscaping standards shall be incorporated into the design of all projects:
[a]
Sod alone does not qualify as landscaping. All required landscaping must contain plants other than sod grasses, which may include shrubs, ornamental grasses, flowers, evergreens and trees.
[b]
Preservation and protection of existing native species of plant material is strongly encouraged. Existing native species and natural cover should be retained wherever possible. Where planting requirements for landscaped areas result in the need to add additional trees or shrubs in an existing natural area, there shall be minimum disturbance to native species.
[c]
Landscaping should be provided along and against all buildings to anchor it to the surrounding environment and to soften the structure. In-ground landscaping should comprise the majority of the landscaping requirements. Raised planters are acceptable when designed to accentuate the architecture and/or enhance pedestrian areas.
[d]
Dense landscaping and/or architectural treatments should be provided to screen unattractive views and features.
[e]
Screening could be accomplished by employing fences made of good-quality materials such as wood, steel, cast iron, with brick or stone masonry elements. The use of chain-link fence visible from public areas is strongly discouraged and requires approval of the applicable acting body or their respective designee(s).
[f]
As listed in the Table of Dimensional Requirements, a landscaping buffer is required along any property line that is adjacent to a public right-of-way. The buffer shall be planted with shrubs, grass, and trees. Trees are to be planted based on standards delineated in Subsection E(2)(b)[7] of this Section 11.3.
[g]
A landscaping buffer no less than forty (40) feet wide, or as defined in Section 5.10, should be provided to screen commercial and industrial uses from residential properties. The buffer should offer a minimum of sixty percent (60%) opacity. This may require larger quantities of plantings or the use of more mature plants.
[h]
Landscaping should minimize potential erosion through the use of plant materials which aid in soil stabilization.
[i]
Installation of all plant material shall conform to standard acceptable horticultural practices.
[j]
Where berms are used within a landscaped area, slopes shall not exceed thirty degrees (30°) and shall be completely covered with vegetation.
[k]
Maintenance of all landscaped areas shall be the sole responsibility of the property owner. Failure to maintain plantings and other features of the required landscaping areas in an attractive and healthy state shall be considered a violation of this chapter and subject to Section 11.1D.
[l]
All landscaping material shall meet the requirements of the clear sight area Section 5.9 of this chapter.
[m]
For projects that are existing nonconforming uses or where existing development prevents strict compliance with this section, alternative design may be allowed at the discretion of the applicable acting body or their respective designee(s).
[8]
Landscape planting requirements.
[a]
Along roadways. A landscaped buffer area according to the Table of Dimensional Requirements shall be established adjacent to any public road. The buffer area shall be a continuous area (except for approved accessways) planted with grass, shrubs and shade trees.
[i]
Plants shall be sound, vigorous, free from mutilation, plant disease, insect pests or their eggs, and fungus and shall have healthy, normal root systems. Plants shall be nursery-grown stock in containers or freshly dug, balled and burlapped.
[ii]
In all districts where a planting strip or buffer strip is required, landscaping shall be required in the said strip at a minimum of one (1) tree per 30 lineal foot and must also include lower-level elements such as shrubs, perennials, hedges, fences, walls and/or planted berms.
[iii]
Deciduous trees shall be at least two (2) inches in caliper as measured six (6) inches above the root ball at the time of planting.
[iv]
Evergreen trees shall be a minimum of eight (8) feet in height at the time of planting.
[v]
Shrubs and hedges shall be at least thirty (30) inches in height at the time of planting.
[vi]
Any plantings that do not meet the established standards must be reviewed by the applicable acting body or their respective designee(s).
[b]
Property lines. On all property lines, a landscaped buffer shall be provided and maintained as specified in Section 5.10 and the Table of Dimensional Requirements.
[i]
The landscaped buffer shall be maintained by the owner of the property.
[ii]
The buffer shall consist of shrubs and trees of a species common to the area and appropriate for screening.
[iii]
Plants shall be sound, vigorous, free from mutilation, plant disease, insect pests or their eggs, and fungus and shall have healthy, normal root systems. Plants shall be nurserygrown stock in containers or freshly dug, balled and burlapped.
[iv]
(Reserved)
[v]
(Reserved)
[vi]
In all districts where a planting strip (or buffer strip) is required, landscaping shall be required in the said strip at a minimum of one (1) tree per 30 lineal foot and must also include lower-level elements such as shrubs, perennials, hedges, fences, walls and/or planted berms.
[vii]
Deciduous trees shall be at least two (2) inches in caliper as measured six (6) inches above the root ball at the time of planting.
[viii]
Evergreen trees shall be a minimum of eight (8) feet in height at the time of planting.
[ix]
Shrubs and hedges shall be at least thirty (30) inches in height at the time of planting.
[x]
Any plantings that do not meet the established standards must be reviewed by the applicable acting body or its designee(s).
[xi]
Plantings shall be sized and spaced to minimize visual intrusion.
[c]
Within the lot:
[i]
Large maturing trees shall be placed no closer than thirty-five (35) feet on center.
[ii]
Smaller maturing trees shall be placed no closer than twenty (20) feet on center.
[iii]
When spacing is limited or to achieve a certain effect, closer spacing may be considered. This applies to locations where large maturing evergreens are being used as a screen.
[9]
Outdoor lighting. Outdoor lighting is desirable where it will provide a sense of security, identify a street name or number or the edge of a walkway, cast an attractive shadow, and encourage use in a public area. However, illumination beyond the property boundaries shall not normally be allowed. Excessive lighting can create a harsh nighttime environment and interfere with a neighbor's privacy. The following standards shall apply.
[a]
Design lighting so that only the necessary brightness and distribution is used. Avoid wide zones of intense light. All lighting should be shielded, hooded and directed internal to the property.
[b]
Any malfunctioning lighting shall be promptly repaired or replaced.
[c]
Light fixtures in areas with vehicular traffic should be appropriate for the area and traffic flow. However, the height of the light fixtures should not exceed twenty five feet (25') above grade nor should they exceed the height of the adjacent buildings.
[d]
Wall packs may be used to accomplish lighting goals and shall be indicated on plans.
[e]
All locations of lighting fixtures and specification for lighting fixtures are to be approved by the applicable acting body or their respective designee(s).
[f]
Sign illumination is permitted between the hours of 7:00 a.m. and 11:00 p.m., except that signs of retail establishments may be illuminated during any hours they are open to the public.
F.
As-built plans. On all Tier 2 and Tier 3 site plan and design review applications that include the construction of any structure as part of the approved plans, as-built plans shall be required. As-built plans may also be required in other circumstances as a condition established by the applicable acting body or their respective designee(s). No permanent occupancy permits shall be issued for any building or structure, or portion(s) thereof, until the following requirements have been met. A temporary occupancy permit may be granted if an applicant can demonstrate just cause.
(1)
The as-built plan shall be prepared by a Massachusetts registered professional land surveyor. The plan shall verify all above- and belowground improvements that were a part of the site plan approval. Any improvements that were specifically designed by a registered professional civil, structural, traffic, acoustic or other engineer shall include an affidavit attesting that the improvements were constructed and are functioning as approved.
(2)
The applicable acting body or their respective designee(s) shall verify that the work performed conforms to the approved site plan, including all conditions included as part of the approval. The services of an outside consultant may be engaged, pursuant to MGL c. 44, § 53G (see Section 11.3E above), to certify that site plan approval conditions have been met.
(3)
The applicable acting body or their respective designee(s) may require security to be posted for any unfinished work. The security shall be posted with the Town Treasurer in the form of a certified check or bank check. The amount of security will be set by the applicable acting body. A date by which the work is to be completed will be established by the applicable acting body and will be noted on the temporary occupancy permit.
G.
Changes to approved site plan. For the purposes of this section, an "approved site plan" shall mean any previously approved Tier 1, Tier 2 or Tier 3 approval. A copy of each request for modification to an approved site plan shall be forwarded to the Town Council upon receipt. This section shall also apply to modifications to any site plan approved under a prior version of this ordinance.
(1)
Tier 1.
(a)
Proposed modifications to a Tier 1 review shall be submitted to the Planning Board's designee in writing.
(b)
Modified site plans will, in most instances, be subject to the same review and approval procedures unless said modification triggers an additional level of approval.
(c)
If the requested modification triggers a Tier 1 review, the normal Tier 1 review deadlines and procedures shall apply. If the requested modification triggers a higher tier of review, the applicable deadlines and procedures for that higher tier of review shall apply.
(d)
The Planning Board or its designee shall determine which level of review a requested modification warrants. Such determination shall be made within fourteen (14) days after receipt of a written request for modification of an approved Tier 1 plan.
(e)
Failure by the Planning Board or its designee to make such a determination within the required time shall result in the modification request being treated and reviewed as a Tier 1 modification request, with deadlines calculated from the date the written modification request was filed.
(2)
Tier 2.
(a)
Proposed modifications to a Tier 2 approval shall be submitted to and reviewed by the Planning Board's designee in writing.
(b)
Modified site plans will, in most instances, be subject to the same review and approval procedures, unless said modification triggers an additional level of approval.
(c)
For minor modifications, the designee of the Planning Board, in consultation with the Planning Board chairperson, may determine that a particular modification does not warrant a meeting of the Board. In such a case, the Board's designee may approve minor modifications after determination that the proposed modification is not significant and is consistent with the previously approved site plan.
(d)
For major modifications, the Planning Board shall act at the Board's next regularly scheduled meeting following receipt of the written request for modification or within 14 days of receipt of the request, whichever is later. Failure by the Planning Board or its designee(s) to act on the request for determination of a Tier 2 modification within this time period shall be deemed as approved.
(3)
Tier 3.
(a)
Proposed modifications to a Tier 3 approval shall be submitted to the applicable acting body or their respective designee(s) in writing.
(b)
Modifications to approved site plans will, in most instances, be subject to the same review and approval procedures applicable during the initial Tier 3 review.
(c)
The applicable acting body may determine that a particular modification does not warrant an additional public hearing. Such determination shall be made by the applicable acting body at the next regularly scheduled meeting of the body following receipt of the written request for modification or within 14 days of receipt of the request, whichever is later. Such determination shall state that the proposed modification is not significant and is consistent with the approved site plan.
(d)
Failure of the applicable acting body to make such a determination within the applicable time period shall be deemed a determination that the request is minor and does not warrant additional public hearing.
(e)
Modifications that require a public hearing shall be reviewed at a public hearing scheduled in accordance with the normal Tier 3 review timeline, calculated from receipt of the written request for modification. Modifications that do not require a public hearing shall be acted on within 21 days of receipt of the written request for modification.
H.
Appeals.
(1)
Tier 1.
(a)
The Planning Board or its designee shall file a written decision on the Tier 1 application consistent with Section 11.3D of this Ordinance, within 14 days after the decision is made.
(b)
Any person aggrieved by a Tier 1 decision made by the Planning Board designee may appeal to the Planning Board in writing within 20 days following the date of filing of the decision.
(c)
Any person aggrieved by a Tier 1 decision made by the Planning Board may appeal said decision to the Zoning Board of Appeals in writing within 20 days following the date of filing of the decision.
(2)
Tier 2.
(a)
The Planning Board shall file a written decision on the Tier 2 application. Such decision shall be filed with the Town Clerk within fourteen (14) days following the decision.
(b)
Any person aggrieved by a Tier 2 decision may appeal said decision to the Zoning Board of Appeals, in writing within 20 days following the date of filing of the decision.
(3)
Tier 3.
(a)
The applicable acting body shall file a written decision on the Tier 3 application. Such decision shall be filed with the Town Clerk within fourteen (14) days following the decision.
(b)
Any person aggrieved by a Tier 3 decision may appeal said decision to Norfolk Superior Court in accordance with MGL c. 40A, § 17.
(c)
Appeals must be filed within twenty (20) days after the date the decision was filed with the Town Clerk.
I.
Policies and procedures. The Planning Board and Town Council respectively shall adopt, after public notice and hearing, policies and procedures to implement the provisions of this article. The procedures shall allow for delegating administrative site plan review and design review for certain types of projects, consistent with this chapter.
J.
Fees. The Planning Board and Town Council respectively may establish fees to be paid to the Town of Randolph for site plan review and design review; this fee is separate from any fee paid for project review fee under MGL c. 44, § 53G. No application is deemed complete unless such fees have been paid.