Stoughton City Zoning Code
SECTION 10
0 Administration and Procedures
10.1 Administration.
10.1.1.
Administrative official. It shall be the duty of the Building Inspector to administer and enforce the provisions of this bylaw.
10.1.2.
Permit required. It shall be unlawful for any person to erect, construct, reconstruct or alter a structure without applying for and receiving from the Building Inspector a building permit. It shall be unlawful for any person to change the use or lot coverage, or extend or displace the use of any building, structure, or lot without applying for and receiving from the Building Inspector a use permit.
10.1.3.
Previously approved permit. The status of previously approved permits shall be governed by MGL c. 40A, § 6.
10.1.4.
Certificate of occupancy required. It shall be unlawful to occupy any structure or lot for which a building or use permit is required herein without the owner applying for and receiving from the Building Inspector a certificate of occupancy. The Building Inspector shall take action within 10 days of receipt of an application for a certificate of occupancy. Failure of the Building Inspector to act within 10 days shall be considered approval.
1.
The certificate of occupancy shall state that the building and use comply with the provisions of the Zoning Bylaw and of the State Building Code in effect at the time of issuance. No such certificate shall be issued unless the building and its use and its accessory uses and the uses of all premises are in conformance with the provisions of this bylaw and of the State Building Code at the time of issuance. A certificate of occupancy shall be conditional on prior approval of the Board of Health where applicable, on the adequacy of parking space and other facilities as required by this bylaw and shall lapse if such areas and facilities are used for other purposes.
2.
A certificate of occupancy shall be required for any of the following in conformity with the Building Code and this bylaw:
3.
Certificates of occupancy shall be applied for coincidentally with the application of a building permit, and shall be issued within 10 days after the lawful erection or alteration of the building is complete and after the Building Inspector has received a plan(s) for the erection or alteration as it was actually constructed, commonly referred to as "as-built plans." Such certificates of occupancy shall be posted by the owner of the property in a conspicuous place for a period of not less than 10 days after issuance. A temporary certificate of occupancy may be issued where a bond or similar means is used to secure the construction for a designated period of time.
4.
Prior to the issuance of a certificate of occupancy for a building or structure under this section, the Building Inspector and/or the Building Official must be satisfied that the roadway system abutting and/or providing access to a lot which the building or structure is located has been finished with at least one course of bituminous concrete surfacing or other required bituminous road surfacing material. If a street or way is not under the jurisdiction of the Planning Board by an approval under the Subdivision Control Law,[1] such street or way shall be subject to the submission of a certified check or similar security payable to the Town of Stoughton in a sufficient amount to cover the required surfacing, subject to approval of the Town Manager, prior to the time a building permit is issued.
[1]
Editor’s Note: See MGL c. 41, § 81K et seq.
10.1.5.
Permit and certificate fees. Fees shall be as established by the Board of Selectmen.
10.1.6.
Permit time limits. Any work for which a permit has been issued by the Building Inspector shall be actively prosecuted within six months and completed within one year of the date of the issuance of the permit. Any permit issued for a project which is actively prosecuted for one year may be extended at the discretion of the Building Inspector.
10.2 Enforcement.
10.2.1.
Violations. The Building Inspector shall serve a notice of violation and order to any owner or person responsible for the erection, construction, reconstruction, conversion, alteration of a structure or change in use, increase in intensity of use, or extension or displacement of use of any structure or lot in violation of any approved plan, information or drawing pertinent thereto; or in violation of a permit or certificate issued under the provisions of this bylaw, and such order shall direct the immediate discontinuance of the unlawful action, use or condition and abatement of the violation. Any owner who has been served with a notice and ceases any work or other activity shall not leave any structure or lot in such a condition as to be a hazard or menace to the public safety, health, morals, or general welfare.
10.2.2.
Prosecution of violation. If the notice of violation and order is not complied with promptly, the Building Inspector or the Selectmen shall institute the appropriate action or proceeding at law or in equity to prevent any unlawful action, use or condition and to restrain, correct, or abate such violation. Penalties for violations may, upon conviction, be affixed in an amount not to exceed $300 for each offense. Each day or portion of a day that any violation is allowed to continue shall constitute a separate offense.
10.2.3.
Noncriminal disposition. In addition, this bylaw may, in the discretion of the Town Official who is the designated enforcing person, be enforced by way of the method provided in MGL c. 40, § 21D. "Enforcing person" as used in this section shall mean the Building Inspector and any police officer in the Town of Stoughton.
10.2.4.
Fines. Fines shall be as follows:
1st offense, within preceding 12-month period | $50 |
2nd offense, within preceding 12-month period | $100 |
3rd offense and each subsequent offense, within preceding 12-month period | $300 |
10.3 Board of Appeals.
10.3.1.
Membership. There shall be a Board of Appeals of five members and five associate members.
10.3.3.
Powers of the Zoning Board of Appeals. The Zoning Board of Appeals shall have the following powers:
1.
Appeals. To hear and decide an appeal taken by any person aggrieved by reason of his inability to obtain a permit from any administrative official, or any person aggrieved by any order or decision of the Building Inspector or any other administrative official in violation of any provision of Chapter 40A, General Laws, or of this bylaw.
2.
Special Permits. To grant a special permit when designated as the Special Permit Granting Authority by this bylaw.
3.
Variances. To authorize upon petition or appeal with respect to a particular parcel of land or structure thereon a variance from the terms of this bylaw where the Zoning Board of Appeals specifically finds that owing to circumstances relating to the soil conditions, shape, or topography of such land or the location of structures especially affecting such land or structures but not generally the district in which it is located, a literal enforcement of the provisions of this bylaw would involve substantial hardship, financial or otherwise, to the appellant or petitioner and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent and purpose of this bylaw. Use variances shall be prohibited.
4.
Comprehensive permits: to grant a comprehensive permit pursuant to MGL c. 40B.
10.3.4.
Rules and regulations; fees. The Zoning Board of Appeals shall adopt rules and regulations, including fees, for the conduct of business and for the purpose of this bylaw and Chapter 40A of the General Laws, and shall file a copy of such rules and fees with the Town Clerk.
10.4 Planning Board.
10.4.1.
Establishment. The Planning Board shall consist of five appointed members.
10.4.3.
Rules and regulations; fees. The Planning Board shall adopt rules and regulations, including fees, for the conduct of business and for the purpose of this bylaw and Chapter 40A of the General Laws, and shall file a copy of such rules and fees with the Town Clerk.
10.5 Special permits.
10.5.1.
Special permit granting authority. The Board of Appeals, Planning Board, and the Board of Selectmen shall be the special permit granting authority (SPGA) as specified in the various sections of this bylaw and shall hear and decide applications for special permits.
10.5.2.
Criteria. Special permits shall be granted by the SPGA, unless otherwise specified herein, only upon its written determination that the adverse effects of the proposed use will not outweigh its beneficial impacts to the Town or the neighborhood, in view of the particular characteristics of the site, and of the proposal in relation to that site. In addition to any specific factors that may be set forth in this bylaw, the determination shall include consideration of each of the following:
1.
Social, economic, or community needs which are served by the proposal;
2.
Traffic flow and safety, including parking and loading;
3.
Adequacy of utilities and other public services;
4.
Neighborhood character and social structures;
5.
Impacts on the natural environment; and
6.
Potential fiscal impact, including impact on Town services, tax base, and employment, taking into account any proposed mitigation.
10.5.3.
Application. The SPGA may adopt additional rules relative to the issuance of special permits and shall file a copy with the Town Clerk. The rules shall prescribe a size, form, contents, style, and number of copies of plans and specifications and the procedure for submission and approval of such permits.
10.5.4.
Conditions. The SPGA may impose additional conditions and limitations as it may deem necessary.
10.5.5.
Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section.
10.5.6.
Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.
10.5.7.
Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 24 months following the filing of the special permit approval (plus such time required to pursue or await the determination of an appeal referred to in MGL c. 40A, § 17, from the grant thereof) with the Town Clerk.
10.6 Site plan approval.
[Amended 10-19-2020 STM, Art. 14
10.6.1.
Purpose. The purpose of site plan approval is to protect the health, safety, convenience and welfare of the inhabitants of the Town of Stoughton by providing a comprehensive review of the land and development plans submitted to the Town for approval to ensure that the following conditions have been met:
1.
The location of buildings, uses and other site development(s) are properly and legally located on a site as prescribed by the Zoning Bylaw.
2.
Adjacent properties are protected from nuisance(s) caused by noise, traffic, odors, noxious or harmful fumes, stormwater runoff and glare of lights.
3.
Significant natural features on a site are preserved as much as possible (i.e., hills, water bodies, wetlands, certified vernal pools, streams (intermittent or otherwise), trees, tree groves, wooded areas, rock outcrops, native plants, wildlife habitats and other areas of aesthetic, ecological and historical interest).
4.
Adequate facilities for off street parking and loading, drainage, snow storage and/or removal, fire protection and methods of solid waste disposal are provided on site.
5.
Pedestrian ways, access/egress driveways, internal circulation, loading areas and parking facilities are properly designed and operated for public convenience, universal accessibility and public safety.
6.
Economic development is promoted by "smart" land use decisions.
10.6.2.
Projects requiring site plan approval. The purpose of site plan review and approval is to allow the Town an opportunity to review projects that meet certain thresholds in scope that are allowed by right and the ability to impose reasonable conditions on their approval to mitigate the impacts on the surrounding area. Full site plan review requires a public hearing before the Planning Board and a pre-application meeting with municipal department heads. Administrative site plan review only requires a meeting with department heads. If there a question of which level of review is required, the Town Planner, the Town Engineer and the Building Commissioner shall make the determination.
1.
Full site plan review.
a.
For all of the following structures that are 500 square feet or more of gross floor area: All new construction or exterior expansion or renovation of multifamily dwellings (three or more units), mixed-use buildings or any nonresidential buildings; or
[Amended 5-2-2022 ATM by Art. 23]
b.
Change of use that requires the addition or relocation of five or more parking spaces; or
c.
Any change in the location of the vehicular access or egress to a nonresidential property; or
d.
Drive-through facilities or;
e.
Increase in impervious area of 1,000 square feet or more; or
f.
Any fast-food establishment; or
g.
Removal of more than 100 cubic yards of materials (loam, sand, gravel, stone or any other earth material) in the aggregate from any lot or contiguous lot(s).
2.
Administrative site plan review.
a.
For all of the following structures that are less than 500 square feet of gross floor area: All new construction or exterior expansion or renovation of multifamily dwellings (three or more units), mixed-use buildings or any nonresidential buildings of less than 500 square feet of gross floor area (GFA); or
[Amended 5-2-2022 ATM by Art. 23]
b.
Exterior alteration or renovation of an existing nonresidential or mixed-use building or premises, visible from a public or private street or way which includes any of the following:
c.
Change of use that requires the addition or relocation of less than five parking spaces; or
d.
Increase in impervious area of less than 1,000 square feet; or
e.
The creation of any nonresidential outdoor storage area(s) for vehicles, machinery or supplies.
f.
The redesign of the layout/configuration of an existing parking area of 10 or less parking spaces; or
g.
The relocation of handicapped parking spaces pursuant to 521 CMR as most recently amended.
Note: Gross square footage of the building shall be calculated using the outside dimension of the building footprint for each floor. |
10.6.3.
Exemptions. The following alterations or construction operations are exempt from the provisions of the Site Plan Review Bylaw:
1.
Increase in landscaping or shifting of landscaping locations, subject to no change in the plant list quantities, size or vegetation types (i.e., groundcovers, shrubs, flowering trees, shade/street trees), with exception to landscaping approved for buffering or to meet buffering requirements of this bylaw.
2.
Changes to infrastructure and utility provisions/apparatus with written approval by the Engineering Department and the agency responsible for the utility, with exception to traffic mitigation.
3.
The construction of an individual single-family or two-family dwelling structure on a single lot.
[Added 5-2-2022 ATM by Art. 23]
10.6.4.
Pre-filing procedure. Prior to filing a site plan approval application, the applicant is required to schedule a meeting to review the proposed site plan with all relevant Town departments. This shall include the Town Planner, the Building Department, the Board of Health, the Public Works Department, the Engineering Department, the Fire Department, the Police Department, the Assessor's Department, the Conservation Agent and the Economic Development Director. The purpose of this pre-filing meeting is to review with the applicant the requirements and criteria for site plan approval and address questions and comments in order to give the applicant guidance prior to submitting a site plan approval application and thus avoid unnecessary time and costs to the applicant due to unforeseen problems and issues with a submitted site plan. The applicant shall also obtain a zoning determination letter from the Building Commissioner that provides the reason(s) the project requires site plan approval, the level of review required and reference to the applicable section(s) of the Zoning Bylaws.
10.6.5.
Application submittal and circulation. Application for a site plan approval application cannot be made prior to the completion of a pre-filing meeting. At the time of filing, the applicant must submit 14 copies of a completed site plan application, six copies of the full-sized site plan, nine copies of eleven-inch-by-seventeen-inch site plan, eight copies of the development impact report (§ 10.6.10), three copies of the stormwater management plan and report (§ 10.6.11) and drainage calculations, five copies of the traffic report (if applicable) and one electronic copy, conforming to all of the requirements listed in this Bylaw, along with a copy of the zoning determination letter from the Building Commissioner, any pre-filing comments received, to the Planning Board. Additionally, a copy of the site plan application (without plans) shall be filed with the Town Clerk. The plans will be forwarded to the following departments for review and comment:
Building Department |
Public Works Department |
Board of Health |
Conservation Commission |
Fire Department |
Police Department |
Engineering Department |
Each department shall make every effort to have all comments submitted to the Planning Board by the opening of the public hearing by the Planning Board. These comments shall be available for review at the Engineering Department.
No public hearing will be scheduled until a full submission has been made to the satisfaction of the Town Planner and the Engineering Department.
10.6.6.
Public notice. No less than 14 days prior to the date of the public hearing, the Applicant shall advertise the public hearing in a newspaper of local circulation, and shall send written notice, by first class mail, in conformance with MGL c. 40A, § 11. Legal advertisement and all required postage shall be paid by applicant and the certified mailings will be sent by the Planning Department. The legal advertisement and abutter notification shall include, at a minimum, the following information:
[Amended 5-2-2022 ATM by Art. 23]
1.
The name and, if applicable, the business name and address of the applicant.
2.
The street address and the assessor's map and lot number of the property as specified on the site plan application on which construction or expansion is planned.
3.
A brief description of the type of construction or expansion planned.
4.
The designated Town office where the site plan application can be reviewed.
5.
The date, time and place of the public hearing.
10.6.7.
Public hearing. A public hearing on the site plan application shall be scheduled within 45 days of filing. Failure of the Planning Board to hold a public hearing within 45 days shall be deemed as constructive approval, unless submission requirements have not been met by the applicant, upon which the Town Clerk shall issue a certificate to this effect and a notation on the applicant's site plans.
10.6.8.
Waiver of filing requirements. Upon request of the applicant, the Planning Board may, at its discretion, waive any of the requirements, or portions thereof, of this section. Action by the Planning Board granting either approval or approval with conditions shall be sufficient evidence of an affirmative waiver by the Board of any of the filing requirements not fulfilled by the Applicant. Waivers of filing requirements shall be explicitly requested by the Applicant in writing, and responded to in writing indicating grant or denial by the Planning Board. Requirements of this bylaw may not be waived except as properly voted by the Planning Board.
10.6.9.
Preparation and contents of site plan. Site Plans shall be preferably be 24 inches by 36 inches. Larger plans may be submitted with the approval of the Engineering Department. The scale shall be a minimum of one inch equals 40 feet, except for elevation views and floor plans, which shall be at a scale of 1/8 inch equals one foot or 1/4 inch equals one foot. The site plan set shall include a cover sheet, existing conditions plan, proposed site layout, landscape plan, lighting plan, utility and grading plan and construction details. The site plan set shall also meet the following criteria and any other criteria deemed as sound planning and engineering practice by the Planning Board and/or the Engineering Department:
1.
Name and address of the record owner and/or applicant.
2.
Legend depicting all pertinent existing and proposed site features.
3.
The date that the plans were prepared and north arrow shall be shown on the plans.
4.
All site plans must be stamped and signed by a registered professional civil engineer and a professional land surveyor. The land surveyor shall perform an instrument boundary survey and shall certify the accuracy of the locations of the buildings, setbacks and all other required dimensions and distances to property lines.
5.
A zoning chart depicting "required" versus "provided" for all applicable zoning criteria including lot size, frontage, setbacks, building height, lot coverage, parking spaces and landscaping and open space requirements.
6.
A locus map, at a scale of one inch equals 600 feet, or other suitable scale to accurately locate the site in Town, oriented on the plan in the same way as the large-scale plan.
7.
The location, width, status (public or private) and name of all streets (showing both sides) within 100 feet of all project boundaries.
8.
On-site and abutting lot lines. On-site lot lines shall be described by bearings and distance. Abutting lot lines shall be shown in a general way.
9.
All easements shall be described with bearings and distances.
10.
Zoning district lines, including Floodplains, Wetland Protection Districts and Wellhead Protection Zones I and II or any other applicable overlay districts, if applicable.
11.
Proposed topography contour lines at one- or two-foot intervals. A minimum of two benchmarks shall be shown on the plans. The datum shall be noted.
12.
The location of proposed building(s) on the lot shall be shown with total square footage and dimensions of all buildings.
13.
Information on the location, size and capacity of proposed on-site and abutting utilities (water, sewer, drainage, natural gas, electrical cable, etc.).
14.
Detailed locations and dimensions of all proposed buildings and uses on site and on abutting properties, including sill elevations, overhangs and exterior details relating to the building footprint. All proposed setbacks from property lines should also be shown. Any minimum, or below minimum, setback distances shall be clearly noted as such on the plan.
15.
An existing conditions plan to include the following:
a.
Existing surveyed topography contour lines at one- or two-foot intervals.
b.
The location of existing building(s) on the lot shall be shown with total square footage and dimensions of all buildings.
c.
Any streams (intermittent or otherwise), brooks or wetland resource area boundaries or certified vernal pools within 100 feet of the property lines. Wetland resource areas shall be as defined in the most recent version of the Stoughton Wetland Protection Bylaw.
d.
Information on the location, size and type and number of existing landscape features.
e.
Information on the location, size and capacity of existing on site and abutting utilities (water, sewer, drainage, natural gas, electrical cable, etc.), including utilities in abutting side streets, if applicable.
f.
Detailed locations and dimensions of all existing buildings and uses on site and on abutting properties, including sill elevations, overhangs and exterior details relating to the building footprint. All existing setbacks from property lines should also be shown. Any minimum, or below minimum, setback distances shall be clearly noted as such on the plan.
16.
A landscaping plan that shows the location of proposed plantings and landscaped areas such as mulched or grassed areas. It shall also contain a table that lists the various species, the number of each and the size (planted height from the ground level from the top of the root ball) at the time of installation and anticipated size at full maturity. The plan shall also include a second page the shows pictures of the appropriate plantings at their mature sizes and colors.
17.
An operation and maintenance plan (O&M) in a recordable form to be paid by the applicant shall be submitted to the Board for review that summarizes the proposed maintenance for all access ways, parking areas, fences, walls, landscaping, lighting, drainage, and waste disposal areas shall be adequately maintained and repaired or replaced wherever and whenever necessary for continued compliance with the appropriate site plan.
18.
Location for all proposed site lighting and construction details; also, a photometric plan shall be included that shows the intensity of lighting throughout the site and onto adjacent properties and any roadway(s).
19.
Location, specifications and construction details for all site signage to include on-site directional signage.
20.
Elevation and facade treatment plans in context with surrounding buildings of all proposed structures Color renderings are also required.
21.
Information on the location, size and type of parking, loading, storage and service areas with a parking calculation schedule noting existing, required and proposed spaces for the entire site.
22.
Details and specifications (if applicable) for proposed site amenities including but not limited to fences, recreation facilities, walls or other barrier materials and special paving materials.
23.
All proposed erosion control measures shall be shown on the plan. An anti-tracking area shall be provided at all entrances.
24.
Area(s) proposed for snow storage should be shown on the plan.
25.
A limit of work delineation.
26.
Any additional information that the Board finds reasonable and sound practice shall be provided to the Board by the applicant.
10.6.10.
Development impact report (DIR). A development impact report will be required for all projects. The Planning Board may waive in part, or in whole, any requirements contained in the DIR which it deems inapplicable to the project proposal and shall contain the following elements:
1.
Traffic impacts assessment.
a.
Existing average daily traffic and pedestrian/bicycle volumes during peak hours. Identification of any pedestrian and bicycle crossing issues on site or off site.
b.
Analyses of average daily traffic and peak hour levels resulting from the project including future conditions for peak hour traffic volumes under "no-build" and "build" scenarios based on a five-year horizon from existing conditions. "No build" to include average annual growth and projects approved or projected in the area. "Build" to represent no-build traffic volumes adjusted to add site generated traffic volumes. The methodology and sources used to derive existing data and estimations.
c.
Accident history shall be included for a three-year period.
d.
Internal traffic circulation analyses including emergency vehicle access.
e.
Sight line evaluation. Shall include documentation of posted speed limits, calculations of stopping sight distances for all directions and field measurements of available sight distances at each proposed point.
f.
Queuing and lane storage capacities available under existing and proposed conditions.
g.
Traffic signal warrant analysis, if necessary.
h.
An analysis of existing and resulting intersection levels of service (LOS). (Please refer to the most current edition of the Manual of the Institute of Transportation Engineers for the definition of level of service.)
i.
Proposed methods to mitigate the estimated traffic impacts.
2.
Visual impact assessment.
a.
Evaluation of the relationship of proposed new structures or alteration of nearby pre-existing structures in terms of character and intensity of use (e.g., scale, materials, color, odor, door and window size and locations, setbacks, roof and cornice lines, and other major design elements);
b.
An analysis of the visual impacts on neighboring properties from the proposed development and alterations, and of the location and configuration of proposed structures, parking areas, open space, and gradient changes;
c.
A colored site plan rendering representing the actual colors and materials being used.
3.
Environmental impact assessment.
Evidence that the proposed development will not create any significant emission of noise, dust, fumes, noxious gases, radiation, or water pollutants, or any other similar significant adverse environmental impact(s).
Evidence that the proposed development will not increase the potential for erosion, flooding or sedimentation, either on-site or on neighboring properties; and shall not increase the pre v. post rates of runoff from the site. A summary of compliance with the DEP Stormwater Standards shall be provided. Provision for attenuation of runoff pollutants and for groundwater recharge shall be included in the proposal.
Evidence that the design of the development will minimize the area over which existing vegetation is to be removed. Tree removal shall be minimized, and special attention shall be given to the planting of replacement trees.
Evidence that the design of the development will minimize earth removal. Cuts of more than four feet shall be prohibited, unless otherwise waived by the Planning Board. Any grade changes shall be in keeping with the general appearance of neighboring developed areas.
Evidence that proper sewage disposal will be provided in accordance with the State Environmental Code and any local regulations and/or policies must be demonstrated.
Water demand calculations shall be provided to help determine the impact the project will have on the public water system. In cases where well water will be used, a hydrogeological analysis shall be provided to help determine water demand.
4.
Economic impact assessment.
a.
Projections of costs arising from increased demands for public services and infrastructure. Cost factors shall include the project effects of police and fire protection, highway, water, sewer, solid waste disposal, educations services, recreation facility impacts, and health services.
b.
Projections of benefits from increased tax revenues, employment (construction and permanent), and value of public infrastructure to be provided. Revenue factors shall include the effects on property taxes, vehicular taxes, licenses and fees, fines and miscellaneous taxes.
c.
Projections of the impacts of the proposed development on the values of adjoining properties.
d.
Five-year projection of Town revenues and costs resulting from the proposed development.
5.
Community impact assessment.
a.
Evidence that the design elements will be compatible with the character and scale of neighboring properties and structures.
b.
Evidence that the design of the development will minimize the visibility of visually degrading elements such as trash collectors, loading docks, etc.
c.
Evidence that the design of development will be consistent or compatible with existing local plans (if any); including plan elements adopted by the Planning Board, Conservation Commission, and other Town bodies having such jurisdiction.
d.
Evidence that the location and configuration of proposed structures, parking areas and open space will be designed so as to minimize any adverse impact on temperature levels or wind velocities on the site or adjoining properties.
e.
Evidence that outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, will be arranged to minimize glare and light spillover to neighboring properties.
10.6.11.
Stormwater management plan and report. The contents of the stormwater management plan shall contain sufficient information for the Engineering Department to evaluate the hydrological and hydrological-dependent characteristics of the land to be developed, the potential and predicted impacts of land development on the local hydrology, and the effectiveness and acceptability of all measures proposed by the applicant for reducing adverse impacts. Summary data shall be provided in terms understandable to the Planning Board and the general public. The stormwater management design shall be prepared in compliance with the stormwater standards of the latest edition of the Stormwater Management Regulations and the Stormwater Handbook of the Department of Environmental Protection. Additionally, the project shall comply with the Environmental Protection Agency's most current National Pollutant Discharge Elimination System (NPDES) MS4 Permit requirements and any local stormwater requirements. The following plans and documents shall be submitted for review:
1.
Completed and signed stormwater management checklist form from the latest edition of the Stormwater Management Regulations demonstrating compliance with all standards.
2.
Narrative describing the project and all subcatchment areas (cover type, soil conditions, etc.). A summary table showing changes in pre and post-development peak runoff flows for the two-, ten-, twenty-five-, and 100-year storm events. Post development peak runoff rates shall not exceed pre-development rates. The narrative shall explain all best management practices proposed to improve water quality and recharge. All areas where vegetation is being altered and all areas to be covered with impervious areas shall describe in the narrative.
3.
Hydrological calculations for pre-development and post-development.
4.
Pre- and post-development watershed subcatchment maps showing subcatchment boundaries, time of concentration paths, cover types, and final discharge points.
5.
Plans shall show enough topographic information outside of the site to show pre- and post-discharge impacts.
6.
Provide curve number calculations.
7.
Hydraulic calculations shall be prepared based on the twenty-five-year storm event. A hydraulic summary table shall be provided.
8.
Test pit data. All test pit locations shall be shown on the plan. The estimated seasonal high ground water elevation for each test shall be provided. Test pits are required to be performed in the vicinity of any stormwater basin in accordance with the DEP Stormwater Management Regulations.
9.
Existing topography and proposed grading shall be described in one-foot or two-foot contour intervals, depending on how much detail is required to review drainage impacts of the proposed project.
10.
Locations, specifications and construction details for all stormwater structures and best management structures shall be provided in the plan.
11.
Site runoff shall be infiltrated to maximum extent practicable. The use of low-impact development design is encouraged.
12.
An operation and maintenance plan shall be submitted for stormwater structures. The O & M plan must also describe how all access ways, parking areas, fences, walls, landscaping, lighting, drainage, and waste disposal areas will be adequately maintained and repaired or replaced wherever and whenever necessary for continued compliance with the appropriate site plan.
10.6.12.
Additional required written submittals. An application for site plan approval shall also be accompanied by the following:
1.
The name and address of record owner/applicant. A cover letter from applicant describing project in detail.
2.
A list of names and addresses of all property owners of record who share a common property line with any portion of the subject property, and abutters to the abutters within 300 feet.
3.
An itemized list of all applicable permits required for the subject site prior to the issuance of a building permit, and any approvals, variances and applications applied for and obtained for the project and property, including, as may be applicable, an application for municipal sewer connection, application for construction of an individual sewerage disposal system, application for municipal water connection, or application for well permit.
4.
Written permission from the owner of the property to apply for site plan approval, if the applicant is not the owner.
5.
For projects proposing demolition of an existing structure, a written finding by the Stoughton Historical Commission that the building or structure is not historically significant.
6.
If any waivers are sought from the Planning Board, they shall be clearly listed with their descriptions on the drawing. If any waivers are requested, they shall be listed on a separate sheet and submitted as part of the site plan submission material along with a statement of reasons for same.
10.6.13.
Planning Board action. The Planning Board shall take formal action on the site plan application within 30 days of the close of the public hearing. Planning Board action shall be by vote of a majority of the members, and shall consist of any one of the following:
10.6.14.
Decision. The Planning Board shall file a written decision with the Town Clerk after initialing all pages contained in said decision, with copies filed with the applicant, Building Department and Engineering Department.
10.6.15.
Endorsement upon approval. In addition to the written decision, the Planning Board approval, or approval with conditions, shall be indicated by endorsement on the site plan by a majority of the Planning Board, with a reference to any specific conditions which may be contained in the written decision. Once approved, one copy of the approved site plan, signed by the Planning Board, or their authorized representative, shall be forwarded to the Building Inspector and Engineering Department.
10.6.16.
Constructive approval. Failure of the Planning Board to take final action within the prescribed thirty-day period shall be deemed as approval, upon which the Town Clerk shall issue a certificate to this effect and a notation on the applicant's site plans. For the purposes of this bylaw, "formal action" shall be construed to mean completion of every act required of the Planning Board under this bylaw.
10.6.17.
Disapproval for failure to meet filing requirements. The Planning Board may, in its discretion, record a vote of disapproval of a site plan if the applicant has failed to meet any of the requirements of filing set forth in this bylaw.
10.6.18.
No occupancy permits shall be issued for any building or structure, or portion(s) thereof, until:
1.
The Building Inspector receives certification from a registered architect, engineer or land surveyor, that all construction (including utilities) has been done in accordance with the approved site plan (not required for site plans for structures less than 5,000 square feet); and
2.
The Building Inspector, Town Planner and Engineering Department verify that all conditions of the approved site plan have been met.
10.6.19.
Surety. At the option of the applicant, an occupancy permit may be issued if the only incomplete work shown on the site plan is exterior, cosmetic or landscaping, and if surety, the amount to be set by the Engineering Department, is posted to ensure that the incomplete work is completed within a reasonable time. The surety shall be provided in cash. If the applicant wishes to dispute the amount of the surety, it shall be done at a regularly-scheduled meeting of the Planning Board. The Planning Board shall establish a deadline for completion of not more than one year from posting of surety. Surety for landscaping shall be held for at least one growing season to ensure survival of all plantings. This allowance is subject to the review by the Planning Board by a site inspection to insure the safety and health for those who occupy the structure and use the site. Surety may not be used for incomplete stormwater management areas or wetlands replication that may be required by the Conservation Commission. The applicant shall request a reduction of release of the surety shall be done at a regularly scheduled meeting of the Planning Board.
10.6.20.
Modification of approved site plans. In the event a modification is made to an approved site plan, the applicant shall submit to the Planning Board revised plans showing the modification. The proposed modification(s) shall be discussed at a regularly scheduled meeting of the Planning Board. In consultation with the Engineering Department and the Town Planner, the Board will determine whether the proposed modifications are minor or major in nature. Minor modifications may be approved the Board without a public hearing, while major modifications shall require a public hearing before the Board.
10.6.21.
Lapse. An approved site plan shall lapse if within two years, which shall not include such time required to pursue or await the determination of an appeal referred to in § 10.6.22, from the grant thereof, if a substantial use thereof has not sooner commenced except for good cause or, in the case of permit for construction, if construction has not begun by such date except for good cause.
10.6.22.
Appeal. The appeal of any decision of the Planning Board hereunder shall be made in accordance with the provisions of MGL c. 40A, § 17.
10.7 Site plan review for Section 3 uses.
10.7.1.
Purpose. The purpose of this section is to provide for site plan review of religious, educational, and child care centers otherwise "exempt" pursuant to MGL c. 40A, § 3.
10.7.2.
Site plan review required. Prior to the issuance of any building permit or certificate of occupancy, the establishment, alteration, change, extension, or reconstruction of use B.1, B.2, or B.13 as set forth in the Table of Use Regulations[1] shall require site plan approval from the Planning Board pursuant to this section.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
10.7.3.
Scope of site plan review. Under this section, site plan review shall be limited to two inquiries:
10.7.4.
Required information. All applications for site plan review shall be in writing and provide, at a minimum, the following information:
1.
Name and address of applicant person or entity;
2.
Name and address of property owner;
3.
Description of the proposed use and any documents necessary to establish threshold compliance with MGL c. 40A, § 3;
4.
Reason that relief is requested from otherwise applicable zoning requirements;
5.
If necessary to reach a decision on the application, the Planning Board may request further information from the applicant consistent with MGL c. 40A, § 3, specifying in detail the information required.
10.7.5.
Site plan; contents. In addition, the applicant shall submit a site plan with the following information:
1.
Legend depicting all pertinent existing and proposed site features.
2.
The date and north arrow shall be shown on the plans.
3.
All site plans must be stamped by a registered professional civil engineer and a professional land surveyor. The land surveyor shall perform an instrument boundary survey and shall certify the accuracy of the locations of the buildings, setbacks, and all other required dimensions to property lines.
4.
Zoning chart depicting "required" vs. "provided" for all applicable zoning criteria including lot size, frontage, setbacks, building height, lot coverage, parking spaces, and landscaping requirements.
5.
Locus map, at a scale of one inch equals 600 feet or suitable scale to accurately locate the site in Town, oriented on the plan in the same way as the large-scale plan.
6.
The location, width, status (public or private), and name of all streets within 100 feet of the project.
7.
On-site and abutting lot lines. On-site lot lines shall be described by bearings and distance. Abutting lot lines shall be shown in a general way.
8.
Zoning district lines, including overlay districts if applicable.
9.
The location of existing or proposed building(s) on the lot shall be shown with total square footage and dimensions of all buildings.
10.
Any streams, brooks, or wetland resource area boundaries within 100 feet of the property lines.
11.
Information on the location, size and type and number of existing and proposed landscape features.
12.
Information on the location, size and capacity of existing and proposed on-site and abutting utilities (water, sewer, drainage, natural gas, electrical cable, etc.), including utilities in abutting side streets, if applicable.
13.
Detailed locations and dimensions of all existing and proposed buildings and uses on site and on abutting properties, including exterior details relating to the building footprint; all existing and proposed setbacks from property lines. Any minimum, or below minimum, setback distances shall be clearly noted as such on the plan.
14.
Information and details for all site and directional on-site signage shall be submitted.
15.
Elevation and facade treatment plans of all proposed structures. Color renderings are required for new construction.
16.
Information on the location, size and type of parking, loading, storage and service areas. A parking calculation schedule noting existing, required and proposed spaces for the entire site shall be provided.
17.
Details and specifications (if applicable) for proposed site amenities, including, but not limited to, fences, recreation facilities, walls or other barrier materials, and special paving materials.
10.7.6.
Decision. The Planning Board may approve, approve with conditions, or deny an application for site plan approval. In making its decision, the Planning Board shall be guided exclusively by MGL c. 40A, § 3. The Planning Board shall file a written decision with the Town Clerk within 60 days of receipt of the application. Failure to file a decision within 60 days shall constitute approval of the site plan.
10.7.7.
Appeal. Any appeal of the Planning Board's decision shall be made pursuant to MGL c. 40A, § 17, to a court of competent jurisdiction.
10.8 Request for reasonable accommodation.
10.8.1.
Purpose. Under the FHA, it is a discriminatory practice to refuse to make "a reasonable accommodation in rules, policies, practices, or services when such accommodation may be necessary to afford [a handicapped] person equal opportunity to use and enjoy a dwelling." (42 U.S.C. § 3604(f)(3)(B)) The same standard applies under the ADA, which also addresses nonresidential facilities providing services to persons with disabilities. (42 U.S.C. § 12112(b)(5)) The purpose of this section is to facilitate housing and/or services for persons with disabilities and to comply fully with the spirit and the letter of the FHA and, where applicable, the ADA.
10.8.2.
Request. Any person eligible under the FHA or any provider of housing to persons eligible under the FHA, or any person eligible to operate a nonresidential facility providing services to persons eligible under the ADA, may request a reasonable accommodation as provided by the Fair Housing Act and/or the ADA. A request for a reasonable accommodation does not affect a person's or provider's obligations to act in compliance with other applicable laws and regulations not at issue in the requested accommodation.
10.8.3.
Zoning Board of Appeals. All requests for reasonable accommodation under the FHA and/or the ADA shall be submitted to the Zoning Board of Appeals (ZBA).
10.8.4.
Information. All requests for reasonable accommodation shall be in writing and provide, at a minimum, the following information:
1.
Name and address of person(s) or entity requesting accommodation;
2.
Name and address of property owner;
3.
Name and address of dwelling or facility at which accommodation is requested;
4.
Description of the requested accommodation and specific regulation or regulations for which accommodation is sought;
5.
Reason that the requested accommodation may be necessary for the person or persons with disabilities to use and enjoy the premises; and
6.
If the requested accommodation relates to the number of persons allowed to occupy a dwelling, the anticipated number of residents, including facility staff (if any).
7.
If necessary to reach a decision on the request for reasonable accommodation, the ZBA may request further information from the applicant consistent with the FHA and/or ADA, specifying in detail the information required.
10.8.5.
ZBA procedures. The deadlines imposed in MGL c. 40A, § 11 or MGL c. 40A, § 15, may be extended upon the request of the applicant and the approval of the ZBA. The ZBA may seek information from other Town agencies in assessing the impact of the requested accommodation on the rules, policies, and procedures of the Town. Upon written notice to the ZBA, an applicant for a reasonable accommodation may withdraw the request without prejudice. The ZBA shall consider the following criteria when deciding whether a request for accommodation is reasonable:
10.8.6.
Decision. After conducting an appropriate inquiry into the request for reasonable accommodation, the ZBA may:
1.
Grant the request;
2.
Grant the request subject to specified conditions; or
3.
Deny the request.
The ZBA shall issue a written final decision on the request in accordance with MGL c. 40A, § 15. If the ZBA fails to render its decision on a request for reasonable accommodation within the time allotted by MGL c. 40A, § 15, the request shall be deemed granted. The ZBA's decision shall be filed with the Town Clerk and sent to the applicant by certified mail. |
10.8.7.
Appeal. The ZBA's decision pursuant to this section may be appealed to a court of competent jurisdiction in accordance with MGL c. 40A, § 17.
10.8.8.
File. The ZBA shall maintain a file of all requests for reasonable accommodation under the FHA and/or the ADA and a file of all decisions made on such requests. The file(s) may be reviewed in the office of the ZBA upon request during regular business hours.
10.8.9.
Other laws. While a request for reasonable accommodation is pending, all laws and regulations otherwise applicable to the premises that is the subject of the request shall remain in full force and effect.
10.8.10.
Effective date. The provisions of this section shall apply only to requests for reasonable accommodation made after November 18, 2015. Any person who has previously submitted a request for reasonable accommodation may resubmit the request for processing pursuant to the procedures set forth in this section.