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Raynham City Zoning Code

ARTICLE 13

Site Plan Approval

§ 350-13.1 Purpose.

The purposes of site plan approval are to protect the health, safety, convenience, and welfare of the inhabitants of the Town of Raynham by providing a comprehensive review of land use and development plans to ensure that the following issues have been addressed:
A. 
Buildings, uses and other site development are properly located on a site;
[Amended 5-16-2022 ATM by Art. 28]
B. 
Adjacent properties are protected from nuisance caused by noise, fumes, and glare of lights;
C. 
Significant natural features on a site are preserved as much as possible (i.e., hills, water bodies, wetlands, trees, tree groves, wooded areas, rock outcrops, native plants, wildlife habitats, and other areas of aesthetic and ecological interest);
D. 
Adequate parking, loading facilities, drainage and methods of solid waste disposal are provided on-site;
E. 
Pedestrianways, access driveways, loading and parking facilities are properly designed and operated for public convenience and safety;
F. 
Public or private ways are properly designed and constructed to serve the intended use and provide an adequate level of service; and
G. 
Buildings are designed to promote the social and economic viability in order to preserve property values and promoting the aesthetic values of the Town.

§ 350-13.2 Projects requiring site plan approval.

[Amended 2-9-1999 STM; 5-23-2001 ATM]
An applicant may simultaneously submit an application for a special permit or special permits that are required by the Planning Board, together with their application for site approval.
A. 
A building permit shall not be issued for any of the following, unless a site plan approval has been granted by the Planning Board:
(1) 
Any new construction exceeding 1,200 square feet in nonresidential gross floor area or any nonresidential addition exceeding 1,200 square feet. For the purposes of this subsection, hotels, motels, rooming houses, nursing homes, elderly care homes, etc., shall be considered nonresidential.
[Amended 5-15-2006 ATM]
(2) 
Any renovation or change of use which requires the addition of more parking spaces irrespective of existing parking spaces or the relocation of existing parking spaces, the relocation of the building entrance and/or the relocation of the site entrance to accommodate the renovation or change of use.
[Amended 5-29-2003 ATM]
(3) 
Any multifamily buildings in excess of two family units.
(4) 
The construction of parking spaces for nonresidential uses on any surface greater than 400 square feet will require site plan approval.
[Added 5-15-2006 ATM]
(5) 
The conversion of a residential property either vacant or occupied to a nonresidential use will require site plan approval.
[Added 5-15-2006 ATM]
(6) 
Large-scale ground-mounted photovoltaic installations.
[Added 10-29-2012 STM]
B. 
Note: The Planning Board may determine the project is subject to an abbreviated site plan approval in accordance with Planning Board Rules and Regulations Governing the Issuance of Site Plan Approval, as most recently amended.
[Added 5-15-2006 ATM]

§ 350-13.3 Procedure.

A. 
Any person desiring approval of a site plan shall first obtain an application for site plan approval from the Planning Board office. Prior to filing a site plan application, the applicant is encouraged to review the proposed site plan with the Town departments, boards, and commissions listed on the application. The purpose of this prefiling review is to give the applicant advice and comments prior to submitting a site plan application and thus avoid unnecessary time and cost to the applicant due to unforeseen problems and issues with a submitted site plan.
B. 
At the time of filing, the applicant shall submit 11 copies of a completed site plan application and 11 copies of the site plan, conforming to all requirements listed in the Zoning Bylaw, together with all prefiling comments received, to the Planning Board. The Planning Board agent will file a copy of the site plan application and a copy of the site plan with the Town Clerk. Site plans will be circulated by the Planning Board agent to the Fire Department, Police Department, Planning Department, Building Commissioner, Sewer Department, Water Department, Highway Department, Conservation Commission, and the Board of Health. Municipal reviewers must respond, in writing, within 15 days or it shall be deemed said department has no comment(s). Additionally, the comments shall be available to the applicant and the public. For large-scale ground-mounted photovoltaic installations, the applicant shall instead follow the site plan review application and plan requirements set forth in Article 19, § 350-19.3B.
[Amended 10-29-2012 STM; 5-16-2022 ATM by Art. 28]

§ 350-13.4 Application.

Any application shall be filed in accordance with the Planning Board Rules and Regulations, as most recently amended.

§ 350-13.5 Requirements.

All site plans shall be prepared in compliance with the Raynham Zoning Bylaw and the Planning Board Rules and Regulations, as most recently amended.

§ 350-13.6 General conditions of approval.

In considering a site plan under this article, the Planning Board shall assure, to a degree consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which it is located:
A. 
Protection of adjoining premises against seriously detrimental or offensive uses on the site.
B. 
Convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets, property, or improvements.
C. 
Adequacy of the methods of disposal for sewage, refuse, and other wastes resulting from the uses on the site, and the methods of drainage for surface water from its parking spaces and driveways.
D. 
Adequacy and safety of storage facilities/methods for fuel, refuse, vehicles and other material and equipment incidental to the use of the site.
E. 
Provision for emergency access and operations within the site.
F. 
Provision for off-street loading, unloading, and parking of vehicles incidental to the normal operation of the establishment.

§ 350-13.7 Authority.

The Planning Board shall have the power to require that technical data and study results be provided by the applicant to support the site plan and resulting findings.

§ 350-13.8 Approval.

A. 
Final action on the site plan shall be taken by the Planning Board after a public hearing has been held and within 60 days of its submission to the Planning Board. A note shall be placed on the plan, stating, "The above endorsement is not a determination as to compliance with zoning regulations."
B. 
Failure of the Planning Board to act within the above-prescribed 60 days shall be deemed an approval and the Planning Board shall forthwith make such endorsement on said plan, and on its failure to do so, the Town Clerk shall issue a certificate to the same effect.
C. 
One copy of the approved site plan, signed by the Planning Board, shall be forwarded to the Building Commissioner within five days of final Planning Board action.
D. 
Certificates of occupancy.
(1) 
No permanent certificates of occupancy shall be issued for any building or structure, or portion(s) thereof, until:
(a) 
The Planning Board receives an as-built plan prepared by a professional land surveyor along with certification from a registered professional engineer that all construction (including utilities) has been done in accordance with the approved site plan; and
(b) 
The Planning Board or the Planning Board's designated agent verifies that the site plan and any conditions of the approved site plan have been met.
[Amended 11-20-2000 STM]
(2) 
For multifamily developments that contain multiple buildings where the developer wishes to seek permanent certificates of occupancy for each building separately, the Planning Board may authorize the issuance of a permanent certificate of occupancy for a building provided that the information contained in Subsection D(1)(a) and (b) above has been provided and that proper surety and engineer peer-review funding are in place for the remaining work. In this case, the Planning Board also reserves the right to request that the developer present a phasing plan of the development to ensure that the project is built in a logical and appropriate sequence.
[Added 10-27-2014 STM]
E. 
Temporary certificates of occupancy may be issued for a portion of any building or structure, provided security is posted for the remaining work. The security shall be posted with the Town Treasurer/Collector in the form of a certified check or bank check. No portion of the security posted shall be returned until issuance of the final certificate of occupancy. The amount shall be set by the Planning Board or Planning Board's designated agent. The time to complete such outstanding work will be a part of the temporary certificate of occupancy. The amount of time to complete said work shall be within reason, which will be determined by the Planning Board or Planning Board's designated agent.
[Amended 5-21-2012 ATM]

§ 350-13.9 Administration.

A. 
The Planning Board shall establish and may periodically amend rules and regulations relating to the administration of this article, including additional regulations relating to the scope and format of reports required hereunder.
B. 
The Planning Board shall establish and may periodically amend a schedule of fees for all applications under this article. No application shall be considered complete unless accompanied by the required fees.
C. 
The Planning Board shall be responsible for deciding the meaning or intent of any provision of this article which may be unclear or in dispute.

§ 350-13.10 Maintenance.

All accessways, parking areas, fences, walls, landscaping, lighting, drainage, and waste disposal areas shall be adequately maintained by the property owner or the lessee and repaired or replaced wherever and whenever necessary to ensure continued compliance with the approved site plan.

§ 350-13.11 Modifications to approved site plans.

A. 
In the event a modification is made to an approved site plan, the applicant shall submit to the Planning Board a written description of the proposed modifications and 11 copies of a revised site plan showing such modification. Modified site plans will, in most instances, be subject to the same review and hearing procedures as was the original filing.
B. 
However, for small and insignificant modifications, the Planning Board may determine that a particular modification does not warrant an additional public hearing. Such a determination shall be made only after written request and 11 copies of the plan showing the modifications have been submitted to and reviewed by the Planning Board. A determination that a modification will not require a public hearing shall be made by the Planning Board within 21 days of receipt of the written request and plans, and only after the Planning Board has found that the proposed modification is not significant and is consistent with the previously approved site plan. A copy of the determination and revised plan shall be filed with the Town Clerk, Building Commissioner, and the Engineering Department. Failure by the Planning Board to act on the request for determination of a modification within 21 days shall be deemed as approved.
[Amended 5-16-2022 ATM by Art. 28]

§ 350-13.12 Appeals.

Any person aggrieved by a decision of the Planning Board under Article 13 may appeal said decision in accordance with MGL c. 40A, § 17.