Sturbridge City Zoning Code
PART 5
Administration and Enforcement
§ 300-18.1 Enforcement; violations and penalties.
[Amended 4-28-2025 ATM by Art. 36]
A.
This bylaw shall be enforced by the Building Inspector. No building shall be built or altered, and no use of land or building shall be begun or changed without a permit having been issued by the Building Inspector.
(1)
Any person who continues to violate any provisions of the Zoning Bylaw after receiving either verbal or written warning of violation from the Building Inspector shall be subject to a criminal penalty of $50 for each offense as provided in MGL c. 40A. Each day that such violation continues shall constitute a separate offense.
(2)
Alternatively, the provisions of the Zoning Bylaw may be enforced by the Building Inspector under noncriminal proceedings pursuant to MGL c. 40, § 21D. The noncriminal penalty shall be $50 for each offense after receipt of either a verbal or written warning of violation from the Building Inspector. Each day that such violation continues shall constitute a separate offense.
B.
Neither the Board of Selectmen nor any other Town representative or agency shall issue a permit for the erection or alteration of any building or part thereof, if the plans and specifications and intended use of which are not in all respects in conformity with the provisions of this bylaw.
C.
With each application for a permit to build or alter, there shall be filed a plan showing the lot and the location of the building thereon and such other development plans as are deemed necessary.
D.
Nothing herein contained shall affect any permit issued, or any building or structure lawfully begun, before notice of hearing before the Planning Board has been given, or before issuance of the warrant for the Town Meeting at which this bylaw is adopted, whichever comes first, provided that construction work under such permit is commenced within 12 months after its issue, and the work, whether begun under such permit or otherwise lawfully begun, proceeds in good faith continuously to completion so far as is reasonably practicable under the circumstances.
§ 300-18.2 Zoning Board of Appeals.
A.
There is hereby established a Zoning Board of Appeals of five elected members and two members to be appointed by the Town Administrator subject to the confirmation by the Board of Selectmen, as provided in MGL c. 40A, which shall act on all matters within its jurisdiction under this bylaw in the manner prescribed by MGL c. 40A.
B.
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 under the provisions of MGL c. 40A, or by any officer or board of the Town, or by any person aggrieved by any order or decision of the Board of Selectmen or other administrative official in violation of any provision of MGL c. 40A, or of this bylaw.
(2)
Special permits.
(a)
Application for special permits for the use of land or buildings as set forth in Part 2, Article IV, or elsewhere in this bylaw may be made to the Board of Selectmen, the Zoning Board of Appeals or the Planning Board as indicated. If no permit granting authority is mentioned, the Zoning Board of Appeals shall be the permit granting authority. The special permit granting authority may authorize the issuance of said special permit in accordance with MGL c. 40A, §§ 9 and 17, provided all the requirements are met and provided that:
[1]
Such use is not detrimental to the permitted uses in the zone in which it is located.
[2]
The nature of the operations shall be such that it will not be hazardous or create any danger to public health and safety.
[3]
The use shall be consistent, insofar as practicable, with the Comprehensive Plan for the future development of the area.
[4]
Provision for roads and parking areas shall be laid out so as to prevent traffic hazards and nuisances.
[5]
The location, nature and height of buildings, walls, fences and landscaping shall be such that the use will not hinder or discourage the appropriate development of adjacent land or adversely affect the character of the zone in which it is located.
[6]
If the rights authorized by a special permit are not exercised within three years of the date of grant, such special permit shall lapse. Any subsequent special permit must adhere to current bylaws then in effect.
(b)
In addition, the special permit granting authority, as provided for in MGL c. 40A, § 9, may also impose conditions, safeguards and limitations both of time and of use.
(3)
Variances.
(a)
The Board of Appeals shall have the power, after a public hearing for which notice has been given by publication and posting as provided in MGL c. 40A and by mailing to all parties in interest, to grant upon appeal or upon petition with respect to particular land or structures a variance from the terms of the applicable zoning bylaw where the Board of Appeals specifically finds that owing to circumstances relating to soil conditions, shape or topography of such land or structures and especially affecting such land or structures but not affecting generally the zoning district in which it is located, a literal enforcement of the provisions of the bylaw would involve substantial hardship, financial or otherwise, to the petitioner or appellant, and that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of this bylaw.
(b)
The Board of Appeals may impose conditions, safeguards and limitations both of time and of use, including the continued existence of any particular structures but excluding any condition, safeguards or limitations based upon continued ownership of the land or structures to which the variance pertains by the applicant, petitioner or by any owner. If the rights authorized by a variance are not exercised within one year of the date of the grant of such variance, they shall lapse and may be reestablished only after notice and a new hearing pursuant to this section; provided, however, that the permit granting authority in its discretion and upon written application by the grantee of such rights may extend the time for exercise of such rights for a period not to exceed six months; and provided, further, that the application for such extension is filed with such permit granting authority prior to the expiration of such one-year period. If the permit granting authority does not grant such extension within 30 days of the date of application therefor, and upon the expiration of the original one-year period, such rights may be reestablished only after notice and a new hearing pursuant to the provisions of this section.
(c)
No use variance may be granted except as allowed by the Zoning Bylaw.
§ 300-18.3 Duplication.
In cases where bylaws, or parts of bylaws, theretofore passed duplicate controls imposed by this bylaw, the more stringent shall govern.
§ 300-19.1 Purpose and intent; administration.
A.
The purpose of the site plan review hereby established is to protect the safety, public health, convenience and general welfare of the current and future inhabitants of the Town by providing a comprehensive review of plans for those uses and structures that have a significant impact upon the character of the Town; upon traffic, utilities, property values and sanitation. Factors to be considered are the placement of buildings, utilities, surface and ground water drainage, wetlands, water supply, parking, loading, landscaping, lighting, dust, noise control, access to the development, acceptable sanitary conditions and provision for open space. It is intended to ensure that the design and layout of those developments or uses so subject to this procedure in this bylaw will constitute suitable development and will not result in a detriment to the neighborhood or to the environment. It is also intended hereby to assist those wishing to build projects in the Town, by providing them with the necessary information about all of the Town's requirements affecting their project prior to the start of any construction or the issuance of any permits.
B.
The site plan review is to be administered by the Planning Board for the Town of Sturbridge.
C.
It is further the intent of the site plan review that any final site plan filed with the Planning Board shall receive the approval of said Board if the plan conforms to the standards established herein and to the reasonable rules and regulations of the Planning Board made in conformity with this bylaw.[1] It is to be noted, however, that where maximums are stated in this bylaw, the Planning Board acting hereunder may deny granting the maximum (e.g., height, maximum lot coverage, etc.), in view of the criteria and standards set hereby. Similarly, where minimums are stated in this bylaw, the Planning Board acting hereunder can make increased requirements (e.g., parking spaces, screening, landscaping, etc.) if in its opinion in applying the criteria and standards set hereby, the proposed plan warrants exceeding such minimums.
§ 300-19.2 Applicability.
All uses, other than single-family and two-family dwellings, horticultural nursery, farm, tree farm, professional office when office and residence of the professional are both located in the same residential building when the property is located in a residential zone, and accessory uses customarily incidental to these uses, shall be subject to the site plan review described herein.
§ 300-19.3 General requirements.
A.
Final site plan. No person shall undertake a use, construction or alteration of any structure that is subject to the provisions of the site plan review, unless they have first submitted to the Planning Board for its approval a final site plan of such proposed use or alteration. Once approved by the Planning Board, the Planning Board shall issue a permit therefor, and such plan shall not be changed in any material respect, without being amended or modified in the same manner as provided for obtaining initial approval. No building or use permit shall be issued by the Building Inspector for any use subject to the site plan review procedure, and no construction or site preparation shall be started until a decision of the Planning Board approving the final site plan has been filed with the Town Clerk. An applicant for site plan review may not attach conditions to its submittal of plans for review, and any site plan so submitted may be rejected as not being in conformance with these bylaws. There shall be only one final site plan in effect for a tract at any point in time. The Planning Board shall not approve multiple final site plans for all or any portion of a tract subject to site plan review. Although final site plans may be approved for all or part of a project on a tract to accommodate phasing thereof, any subsequent changes in such previously approved final site plan may only be accomplished by amending or modifying the prior approval, including by substituting or replacing previously approved plans or portions thereof. Notwithstanding any other provisions in these bylaws, once a building permit is issued for development under plans approved by the Planning Board under site plan review for all or any part of a tract, all further development of the remainder of such tract shall be subject to this site plan review, regardless of the zoning classifications applicable to such tract at the time of site plan approval, prior thereto or effective thereafter.
B.
Content of final site plan and other submittals.
(1)
In addition to any other requirements that the Planning Board may reasonably make, a final site plan shall show all existing and proposed buildings, existing and proposed contour elevations, structures, parking spaces, driveway openings, driveways service areas, facilities for sewage, refuse and other waste disposal, and for surface water drainage, wetlands, surface water, areas subject to the one-hundred-year flood, maximum groundwater elevation, location of aquifers, private or public wells and drinking water supplies in relation to the site, and landscaping features, such as fences, walls, planting areas, walks and lighting, both existing and proposed, and location, type, size and detail of all signs.
(2)
The site plan shall also show the relation of the above features to adjacent ways and properties. The site plan shall also show all contiguous land owned by the applicant or by the owner(s) of the property that is a subject of the application. In addition to the foregoing, the applicant shall submit material dealing with pollution of surface or ground water, soil erosion, increased runoff, changes in groundwater level, and flooding as it affects the site and the project, and the plans as such other submittal shall indicate the measures proposed to deal with and mitigate such environmental impacts.
(3)
Similar submittals and materials regarding design features intended to integrate the proposed new development into the existing landscape, to enhance aesthetic assets and to screen objectionable features from neighbors shall also be presented. The applicant shall further submit, in writing, a traffic study, that shall project traffic flow patterns into and upon the site for both vehicles and pedestrians, and an estimate of the projected number of motor vehicle trips to and from the site for an average day and for peak hours, and for peak seasons, as well as the existing patterns and existing ways for passage of traffic and pedestrians. The Planning Board reserves the right to request additional traffic information that it deems necessary when making development decisions.
(4)
Except for building permits, any other permits or approvals required from Town agencies are to be included as part of this submittal or an explanation for their absence satisfactory to the Planning Board shall be submitted. Failure to provide such permits or approvals shall not be due to failure by the applicant to apply to the appropriate agency for their grant.
§ 300-19.4 Procedure.
The Planning Board shall adopt such rules and regulations for carrying out its duties. The Planning Board may in any particular case, where such action is allowed by law, in the public interest and not inconsistent with the purpose and intent of this site plan review, waive strict compliance with its rules and regulations. The Planning Board may waive the requirement for site plan review where there is a change in use or occupancy and no substantial construction or improvements to the site will occur. The waiver may be granted only after a finding by the Planning Board that the proposed use will not substantially affect existing drainage, vehicular and pedestrian circulation patterns, and any of the other standards or criteria provided for hereafter in this section, and that sufficient parking exists to serve the new proposed use. The Planning Board shall require an application for waiver of site plan that shall at a minimum include a narrative describing the prior use of the site, the nature of the proposed use and its impact. The Planning Board may provide for a schedule of examination fees in connection with the site plan review and/or waiver of site plan review herein provided.
A.
Submission of plans. Although preliminary plans may be discussed informally with the Planning Board, only one plan submission is required. An application for final site plan approval and/or waiver of site plan review shall be made by filing an application with the Planning Board in accordance with the rules and regulations governing such submissions. The applicant shall file a copy of such application with the Town Clerk for his/her information and records.
B.
Approval or disapproval; notice and hearings. Before approval, approval subject to conditions or disapproval of final site plan is given, except where disapproval is mandated by failure of the site plan to comply with applicable bylaws, a public hearing shall be held by the Planning Board in the manner set forth in MGL c. 40A, § 11. The Planning Board shall file its decision with the Town Clerk and send notice of such action by registered or certified mail, postage prepaid, to the applicant. In the event of a disapproval, the Planning Board shall state in detail how the plan does not conform with legal requirements, or the requirement of this site plan review. Reconsideration of applications shall be in accordance with MGL c. 40A, § 16.
C.
Failure to act. Failure of the Planning Board to take final action upon an application for the site plan review within 90 days following the close of a public hearing shall be deemed to be approval of such application. However, the public hearing procedure need not be concluded in one sitting, and it may be continued or extended as the Planning Board determines to be necessary for it to receive further information to enable it to render its decision in the matter.
D.
Right to appeal. Any person aggrieved by a decision of the Planning Board may appeal to the Superior Court in accordance with MGL c. 40A, § 17.
§ 300-19.5 Criteria for approval.
A.
In reviewing a site plan application, the Planning Board shall take into consideration the health, safety and welfare of the public in general and the immediate neighborhood in particular, and may prescribe reasonable conditions and safeguards to ensure the accomplishment of the following general objectives:
(1)
That the subject and adjoining premises are protected against serious detriment by provisions for the safe carrying and discharge of surface water drainage, buffers against light, sight, sound, dust and vibration, and that the development of the site will preserve sensitive environmental features such as steep slopes, wetlands and large rock outcroppings, public scenic views and historically significant features and the quality of light and air;
(2)
That there are provisions for convenience and safety of vehicular and pedestrian movement within the site and on adjacent streets, by the provision of pedestrian access ways that are adequate in number, width, grade, alignment and visibility, by appropriately locating driveway openings in relation to traffic, access by emergency vehicles, and, when necessary, compliance with other regulations for the handicapped, minors and the elderly, and by the provision of an adequate amount of and safe configuration of off-street parking and loading spaces in relation to the proposed uses of the premises to prevent on-street and off-street traffic congestion;
(3)
That there is a harmonious relationship of structures and open spaces to the natural landscape, existing buildings and other community assets in the area and that the project will be in harmony with the surrounding neighborhood; and that the general landscaping of the site complies with the purpose and intent of this bylaw; that existing trees are preserved to the maximum extent possible; that refuse and storage areas are suitably screened during all seasons from the view of adjacent residential areas and public rights-of-way;
(4)
That lighting of the site shall be adequate at ground level for the protection and safety of the public in regard to pedestrian and vehicular circulation; that the glare from the installation of outdoor lights and illuminated signs is properly shielded from the view of adjacent property and public rights-of-way;
(5)
That all utility systems are suitably located, adequately designed and properly installed to serve the proposed uses, and to protect the property from adverse pollution and that there is the provision of adequate methods for disposal of wastes;
(6)
Mitigation of adverse impacts on the Town's resources, including the effect on the water supply and distribution system, sewage collection and treatment systems, fire protection and streets.
§ 300-19.6 Standards for site plan review.
The following performance standards shall be utilized by the Planning Board in addition to any specific standards prescribed elsewhere in these bylaws, or in the rules and regulations of the Planning Board, in reviewing all site plans. These standards are to provide guidance to the applicant in the preparation of his/her plan, as well as guidelines for review. These are not intended to be exhaustive, and specific additional standards may be applied for a project if, in the opinion of the Planning Board, such are reasonably necessary. These standards are not intended to discourage creativity, invention or innovation but are intended to encourage good design, and exemplary projects, offering solutions to all problems of a site where possible. The issues and concerns represented by the standards below must be addressed to the satisfaction of the Planning Board in the final site plan.
A.
Relationship to other plans. The proposed development shall take into consideration all existing local and regional plans for the community.
B.
Preservation of landscape. Development of the site should, to the extent practicable, occur in such a manner that natural features are preserved and areas of environmental sensitivity are avoided. The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of the neighboring developed areas. Where tree coverage does not exist or has been removed, new planting may be required. Finished site contours shall depart only minimally from the character of the natural site and the surrounding properties.
C.
Relation of building to environment and surroundings. Proposed uses and structures shall be integrated into the existing terrain and surrounding landscape by minimizing use of wetlands, steep slopes and hilltops; protecting visual amenities and scenic views; preserving unique natural or historical features; minimizing tree, vegetation and soil removal; and minimizing grade changes. All buildings and other structures shall be sited to minimize disruption of the topography. Design features shall maintain neighborhood character, enhance aesthetic assets and screen objectionable features from neighbors and roadways. Strict attention shall be given to proper functional, visual and spatial relationship of all structures, landscaped elements and paved areas.
D.
Circulation. With respect to vehicular and pedestrian circulation, including entrances, ramps, walkways, drives and parking, special attention shall be given to location and number of access points to the public streets (especially in relation to existing traffic controls), width of interior drives, and access points, general interior circulation, separation of pedestrian, bicycle and vehicular traffic, access to community facilities and arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the use and enjoyment of proposed buildings and structures and the neighboring properties. The arrangement of access points, service roads, driveways, parking areas, lighting and pedestrian walkways shall be designed in a manner that maximizes the convenience and safety of pedestrian and vehicular movement within the site and in relation to adjacent ways.
E.
Surface water drainage.
(1)
Special attention shall be given to proper site surface drainage so that removal of surface waters will not adversely affect neighboring properties or the public storm drainage system, nor obstruct the flow of vehicular or pedestrian traffic, and will not create puddles in paved areas. All surface water drained from roofs, streets, parking lots and other site features shall be disposed of in a safe and efficient manner that shall not create problems of water runoff or erosion of or from the site in question, or onto other sites. Insofar as possible, natural drainage courses, swales properly stabilized with plant material or paving when necessary, and drainage impounding areas, shall be utilized to dispose of water on the site through natural percolation, to a degree equivalent to that prior to development. Also, appropriate control measures shall be employed that include maximum slope requirements, slope stabilization measures, including seeding of exposed areas to replace vegetative cover.
(2)
Applicants are encouraged to incorporate "green techniques" into project designs in an effort to improve water quality by minimizing impervious surfaces and run-off. The use of nontraditional paving materials such as pavers or porous pavement is encouraged to be incorporated into project design whenever feasible. Additionally, other best management practices for stormwater management such as the collection of roof runoff, use of rain gardens, the promotion of vegetation rather than turf in nonpaved areas, and minimizing soil disruption and similar construction methods should be explored whenever feasible.
F.
Groundwater recharge and quality preservation.
(1)
Groundwater recharge shall be maximized and groundwater quality shall be protected. Various techniques may be required to maximize recharge, such as perforated drainpipes, pervious pavement, reduction of paved areas, reduction of building area or reduction of building coverage, etc.; or to improve quality, such as installing grease traps or gas/oil separators.
(2)
Where groundwater elevation is close to the surface, extra site grading precautions may be required to maintain the protective function of the over burden.
G.
Utilities. The placement of electric, telephone or other utility lines and equipment, such as water or sewer, shall be underground; and so located as to provide no adverse impact on the groundwater levels, and to be coordinated with other utilities. The proposed method of sanitary sewage disposal and solid waste disposal from all buildings shall be indicated precisely on the plans.
H.
Advertising. All signs and outdoor advertising features shall be reviewed as an integral element in the design and planning of all development on the site. As a minimum, all signs and advertising devices shall be in conformance with the Zoning Bylaw, Part 4, Article XVII, and the provisions thereof shall be administered by the Planning Board.
I.
Other site features. Exposed storage areas, exposed machinery installations, service areas, truck loading areas, utility buildings and structures and similar accessory areas and structures shall be designed with such setbacks, screen plantings or other screening methods to prevent their being a hazard or being incongruous with the existing or contemplated environment and the surrounding properties. With respect to personal safety, all open and enclosed spaces shall be designed to facilitate building evacuation and to maximize accessibility by fire, police and other emergency personnel and equipment.
J.
Open space. All open space (landscaped and usable) shall be so designed as to add to the visual amenities of the vicinity by maximizing its visibility to persons passing the site or overlooking it from nearby properties. Attention should be paid to connectivity of open space in an effort to provide natural corridors for wildlife and walking paths, as well as social and recreational needs and the need for neighborhood meeting places and sports fields. The plan for open space should be consistent with the Open Space Plan adopted by the Town. Pedestrian paths, excluding standard sidewalks, should be counted toward open space.
K.
Bonds.
(1)
As a condition of the site plan approval to be granted hereunder, the Planning Board may require that one or more performance bonds be posted with the Treasurer of the Town to guarantee completion in strict accordance with the plans and drawings submitted of all public improvements to be made for a use permitted under this chapter, in the same manner as now required under the Sturbridge Subdivision Regulations.[1] It may require that a single comprehensive bond be posted to guarantee completion of all such improvements. It may also require that an amount be included for land restoration not having to do with the construction of public improvements. The amount for land restoration shall be $10,000 per acre, or such other amount as determined by the Town Engineer.
(2)
The amount of the security required shall be established by a preliminary estimate from the proponent's engineer, confirmed or added to by the Town Engineer. The Town Engineer's estimate shall be final, unless modified by a majority vote of the members of the Planning Board.
(3)
The method of securing performance shall be: a bond, a letter of credit, a tri-party agreement with a financial institution acceptable to the Board or a bank passbook. A covenant is acceptable only before construction is initiated, at which time the financial surety must be posted. Projects large enough to reasonably be built in phases may establish financial surety only for those phases on which construction is initiated, maintaining covenant provisions on the remaining phases.
(4)
The Planning Board may derive use of the secured funds in the event that the proponent does not complete all public improvements within two years of the date of approval. All approvals of site plans for which performance surety is required shall be conditioned on the completion of public improvements within two years of the date of approval.
(5)
One or more extensions may be granted for sufficient cause, not to exceed one year in length. At the time of granting of the extension, the amount of any secured funds shall be reviewed to determine if it remains sufficient to cover current costs. If the funds are determined to be insufficient, such additional funds as required shall be added to the total of secured funds.
(6)
In any case, should public improvements not be completed within the permitted time, the project approval shall be null and void, with further action by the Planning Board not required.
L.
Start of construction. Construction on a site must be started or substantial activity commenced on the site within one year from the date of final site plan approval. Site preparation alone shall not be deemed to constitute start of construction. Approval of the final site plan may be extended for one additional year at the discretion of the Planning Board, after the receipt of a written request from the owner or his designated agent, and for good cause shown. If one year has elapsed from the date of approval, and no extensions have been granted, or if so granted, then at the end of such one-year extension no construction has been started, the final site plan approval shall become null and void without requiring any further action by the Planning Board.
M.
Certificate of occupancy: designer's certificate.
(1)
No certificate of occupancy shall be issued for any structure or parcel subject to site plan review unless it, and all of its related facilities, substantially conforms to the approval final site plan. The applicant shall submit to the Building Inspector, with a copy to the Planning Board, a written certification from a professional engineer, architect, professional land surveyor or licensed landscape architect (preferably the one who prepared the final site plan) that the work has been completed substantially in accord with the approved final site plan. The applicant shall also present an as-built plan to the Planning Board. The Building Inspector shall deny the issuance of a certificate of occupancy if such certification is not so provided. A certificate of occupancy, issued by the Building Inspector, for any activity requiring site plan approval shall constitute a certificate that such construction was performed and completed in compliance with an approved final site plan. The Building Inspector may issue a temporary certificate of occupancy, for a period of up to one year, with no extension after that, if all the work but certain plantings have been performed. A permanent certificate of occupancy must be issued within one year of the issuance of a temporary certificate, if the certification above outlined is given. Failure to obtain a permanent certificate of occupancy within a one-year extension shall result in forfeiture of all existing permits and authorization.
(2)
If a permanent certificate of occupancy was issued in disregard of the requirements for certification by a professional engineer, architect or licensed landscape architect, it shall be null and void, but if issued with certification, it shall be conclusive evidence of completion of final site plan.
(3)
Prior to issuance of a certificate of occupancy, all documents required as a prerequisite to said certificate that grant easements or other rights to the Town shall be recorded in the Registry of Deeds or filed with the appropriate agencies, and proof thereof submitted to the Building Inspector.
§ 300-19.7 Landscaping, screening and buffers.
A.
Purpose. The Town of Sturbridge recognizes the important aesthetic, ecological and economic values associated with appropriate landscaping and buffering. This section is intended to establish minimum standards for landscaping in the Town as a way to reduce the environmental degradation that can be associated with development in a community. Appropriate landscaping will enhance the community's visual character and protect property values while stabilizing soils, reducing dust and erosion, providing stormwater management and facilitating groundwater recharge. This section seeks to promote the retention and use of existing vegetation as well as to encourage the establishment of new vegetation for aesthetic, health, wildlife and environmental reasons. Appropriate screening and buffer standards will promote the compatibility of land uses by reducing the visual, noise and lighting impacts of specific development on users of the site and abutting users by providing attractive and functional screening between various land uses.
B.
Properties subject to landscaping, screening and buffers. These requirements shall apply to all projects that require site plan approval. These standards shall not apply to landscaping installed by homeowners at single-family residences.
C.
Plan submittal requirements.
(1)
The landscaping plan may incorporate a variety of materials, including plant materials such as trees, shrubs, ground covers, perennials, and annuals, and other materials such as rocks, water features, walls, fencing, street furniture such as benches and seating areas, art or other landscape elements.
(2)
Unless determined otherwise by the Planning Board, the following submittals are required at the time of application:
(a)
Each application shall contain a brief narrative describing the project and the proposed landscaping, screening and buffers and other design elements.
(b)
Plans for projects with over 1,000 square feet of landscaping area shall be prepared by a certified landscape architect, horticulturist or arborist and shall be submitted with each site plan application, unless an exception is granted by the Planning Board. Plans for smaller projects may be prepared by a person familiar with the proposed species of plants, their planting requirements and maintenance requirements. Such plan shall create a total pattern for the site, integrating the various elements of each site's design and creating a pleasant site character. The landscaping plan shall be designed to achieve architectural and environmental enhancement in the following areas:
[1]
Buffering of parking, screening of storage areas and unsightly objects such as public utilities and substations.
[2]
Creating buffer zones between residential, commercial and industrial areas.
[3]
Erosion control and stormwater management.
[4]
Noise barriers.
[5]
Streetscape enhancement, blending or improving existing and abutting landscape.
[6]
Improving the relationship of site to structure through the use of shade, screening, accent and foundation plantings.
(c)
Landscaping plans shall include botanical and common names of plant materials, symbols, size, quantity and spacing of materials.
(d)
The name, address, phone number and certification of the person or firm who prepared the plan.
(e)
The plans shall include the planting details for the installation of trees and shrubs. Planting details shall comply with Landscaping Details found in Appendix 3 of the Rules and Regulations Governing the Subdivision of Land adopted June 18, 2002, as may be amended from time to time.[1]
(f)
The plans shall include the details for the erosion control measures to be utilized during construction.
(g)
The plans shall include the plant protection detail on the site plan as well as the location, type and caliper of any existing mature trees and plantings to remain, to be relocated or to be removed. If mature trees are removed due to grading or other reasons, replacement specimen size trees may be required.
D.
Preservation of existing landscape. The existing landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal, and any grade changes shall be in keeping with the general appearance of the neighboring developed areas. Where tree coverage does not exist or has been removed, new planting may be required. Finished site contours shall depart only minimally from the character of the natural site and the surrounding properties.
E.
Topsoil. Topsoil removed during the course of construction shall be redistributed on all regraded surfaces so as to provide at least six inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
F.
Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps or portions of tree trunks and limbs shall be buried anywhere on site. All dead or dying trees, standing or fallen, shall be removed from the site.
G.
Protection of existing plantings. Maximum efforts should be made to save healthy specimens. No material or temporary soil deposits shall be placed within four feet of shrubs or within the protected root zone of trees (please refer to § 270-6 of the Sturbridge General Bylaws for a listing of Protected Root Zones) designated on the landscape plan to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants that they are protecting, but shall be self-supporting. The barriers shall be at least four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
H.
Erosion control for slopes. All newly graded slopes at a gradient of 4:1 or greater; in excess of three feet vertical height shall be landscaped with groundcover which is known to have binding characteristics to control erosion. Groundcover shall be planted at a rate to achieve complete coverage in the first year. Jute matting, or other similar erosion control material, shall be installed on all slopes. Hydroseed may be substituted for groundcover plantings if it is shown that the hydroseed area will achieve 100% coverage in the first year. All slope plantings shall be complete prior to requesting final inspection by the Department.
I.
Additional landscaping. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass and/or other ground cover, shrubs and trees as part of the landscape plan approved by the Planning Board.
J.
Landscape trees. Generally, as used in this bylaw, landscape, street or shade trees shall refer to a species of tree that normally grows to a mature height of 40 feet or more, while understory tree refers to a species that normally grows from 15 feet to 35 feet. Where this bylaw specifies a certain number of trees to be used it is referring to street or shade trees. Understory trees may be substituted for up to a maximum of 50% of the number of trees required; provided, however, that two understory trees shall be provided for each landscape tree replaced. (See Tree List.) Dead trees and shrubs shall be replaced in one growing season.
(1)
Landscape tree selection.
(a)
Trees are encouraged for all new developments. Tree selections may be made from the approved Street Tree List, which may be found in the Town of Sturbridge Landscaping Guide (1990), as may be amended from time to time.
(b)
In established neighborhoods with existing mature street tree patterns, street trees should be selected to match the existing street trees in the vicinity.
(c)
Landscape trees shall not be planted where their growth will interfere with the utility lines or entrances.
(d)
Landscape trees shall be planted at approximately fifty-foot intervals and shall be planted not closer than five feet and not more that 20 feet from the right-of-way line unless otherwise approved by the Planning Board and DPW Director.
(2)
Tree size.
(a)
No new landscape trees installed per these regulations shall be less than two-inch caliper. Caliper is to be measured in all cases at breast height.
(b)
To encourage the retention of healthy existing large street or landscape trees, every existing landscape tree with a six-inch caliper and eighteen-foot height may be counted as two trees toward the tree requirements. Any landscape tree with at least an eight-inch caliper and thirty-foot height may be counted as three trees toward the tree requirements.
K.
Selection of materials. Landscape materials should be selected and sited to produce a hardy and drought-resistant landscape area. Selection should include consideration of soil type and depth, the amount of maintenance required, spacing, exposure to sun and wind, the slope and contours of the site and compatibility with existing native vegetation preserved on the site. Native plant species shall be used in environmentally sensitive sites. Plants listed by the Commonwealth of Massachusetts as invasive shall not be used.
L.
Planting specifications.
(1)
Shrubs and ground cover. All required ground cover plants and shrubs must be of sufficient size and number to meet the required standards within three years of planting. Mulch (as a ground cover) must be confined to areas underneath plants and is not a substitute for ground cover plants.
(2)
Trees. Trees may be deciduous or coniferous. Deciduous trees at the time of planting must be fully branched, have a minimum diameter of two inches, measured 4 1/2 feet above the ground, and have a minimum height of eight feet. Evergreen trees at the time of planting must be fully branched and a minimum of six feet in height. All nursery stock shall be inspected by the landscape professional who submitted the plan, prior to plant installation, and certified that it is of good quality, with proper structure, free of wounds and injury.
M.
Screening and buffering. The intent of screening and buffering is to provide a means of separation between uses or development. Screening or buffering is meant to mitigate or reduce the incompatibility between different land uses through the use of landscaping or other features. The degree or intensity of the screening or buffering is dependent on the level of incompatibility between the adjacent uses.
(1)
Screening may include the use of such materials as: decorative fencing or walls, shrubs, trees and other plant materials. Soft landscaping should be provided in conjunction with fences or walls to provide a more visually appealing development.
(2)
Shrub planting beds, fencing, berming, or a combination thereof, should be selectively arranged to provide for the buffering of off-street parking facilities as viewed from the street or as may be specifically required.
(3)
Screening is required for garbage pick-up areas and buffering is required for parking lots within any commercial and industrial districts.
(4)
Where commercial and industrial uses are adjacent to residential use, a combination of fence, wall and evergreen screen must be provided along the rear and/or side lot line, or an area of at least 50 feet shall remain undisturbed and contain sufficient vegetation, in the opinion of the Planning Board, to provide a visual buffer from adjoining properties.
(5)
Plant materials used for screening purposes shall be sufficiently large and planted in such fashion that a year-round screen at least eight feet in height shall be produced within three growing seasons. All plantings shall be installed according to accepted horticultural standards.
N.
When required. Every development shall provide sufficient buffering when topographical or other barriers do not provide reasonable screening and when the Planning Board determines that there is a need:
O.
Amount of buffering required. Buffering and landscaping of the front setback area shall be required. Parking spaces, driveways, buildings, structures and storage materials shall not be allowed within the front setback, and the area of the front setback shall be a buffer, and landscaped as such. Landscaping of the frontage buffer shall consider the need for proposed or future sidewalk installations. The buffer shall allow for necessary access to the site, but driveways shall otherwise not be allowed in the buffer.
(1)
Buffers will be required for side and rear lot lines according to the following:
(a)
Where the abutting land use is a same or similar use, and of similar intensity, a buffer strip of 10 feet in width shall be required along the side and rear lot lines.
(b)
Where more intensive land uses abut less intensive land uses, or the abutting land use is a dissimilar use, a buffer strip 25 feet in width shall be required along the side and rear lot lines. As necessary, the Planning Board may require a buffer strip of greater width to protect adjacent property from the adverse effects of a proposed use.
(c)
Parking lots, garbage collection and utility areas, and loading and unloading areas shall be screened around their perimeters by a buffer strip a minimum of five feet wide.
(d)
The Planning Board may waive any of the requirements noted above in confined sites. The applicant shall request such waivers in writing at the time of application. The applicant should note that requesting a waiver does not imply that a waiver will be granted.
(2)
Design. Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. If planted berms are used, the minimum top width shall be four feet and the maximum side slope shall be 2:1.
P.
Tree preservation and care during construction.
(1)
Installation and maintenance.
(a)
All trees, shrubs and groundcovers should be free of insects, pests or fungus disease or the effects of previous infestations. They should have normally well-developed branch systems and a vigorous and fibrous root system which is not root or pot bound.
(b)
All trees, shrubs and groundcovers which have been planted and which, due to accident, disease or other cause, fail to show a healthy growth within one year must be replaced.
(c)
All landscaped areas shall be regularly watered, fertilized, weeded and otherwise kept in good condition in accordance with the approved five-year plan.
(d)
Trees and shrubs should be trimmed or pruned to prevent blocking or interference with the following:
Q.
Exceeding standards. Landscaping materials that exceed the standards may be substituted for the minimums so long as all fence or vegetation does not obstruct vision of pedestrian or automobile traffic.
R.
Complying with the standards. It is the applicant's responsibility to show that the landscaping materials proposed will comply with the regulations of this article.
S.
Alternative methods of compliance.
(1)
Alternate landscaping plans, plant materials or planting methods may be used where unreasonable or impractical solutions would result from the application of landscaping requirements, or where necessary to protect existing vegetation. Such situations may result from streams, natural rock formations, topography or other physical conditions; or from lot configuration, utility easements or unusual site conditions. This does not pertain to self-created design issues that are not related to the items listed above.
(2)
The Planning Board may approve an alternate plan which proposes different plant materials or methods, provided that quality, effectiveness, durability and performance are equivalent to that required by this bylaw.
T.
Plant material substitution. Due to seasonal planting problems and/or the lack of plant availability, approved landscape plans may require minor revisions. The Town Planner and the Tree Warden may approve minor revisions to the planting plans if:
(1)
There is no reduction in the quantity of plant material.
(2)
There is no significant change in size or location of plant materials.
(3)
The new plans are of the same general category (i.e., shade tree, ornamental tree, evergreen or shrub) and have the same general design characteristics and growth habits (mature height, crown spread) as the materials being replaced.
(4)
The need for substitution was not caused by project proponent due to a lack of proper scheduling and purchase of plant material
§ 300-19.8 Landscaping bonds.
A bond will be required for the value of the landscaping improvements and may be provided as a separate bond from the one required for the site plan requirements. No bond for landscaping shall be released until one year after all plantings have been installed and inspected or at the termination of any required-long term maintenance plans.
§ 300-19.9 Final approval.
Upon completion of the landscaping improvements, the developer, contractor or landscape architect shall submit a letter to the Planning Department stating that all landscaping was installed according to Town standards and per the specifications and details of the approved plans. This letter shall also note any changes that were made during installation. Receipt of this letter and final inspection by the Department or its designee shall be required prior to final occupancy being granted for the project.
§ 300-20.1 Authority and intent.
In accordance with the provisions of MGL c. 43D as amended pursuant to Section 11 of Chapter 205 of the Acts of 2006, the Town of Sturbridge has established an expedited permitting process on sites that have been designated as priority development sites (PDS) in accordance with the statute. Review and development on these sites will be conducted in accordance with the provisions of the statute and with local regulations.
§ 300-20.2 Administration.
The municipal point of contact for streamlined permitting under this regulation is the Sturbridge Town Planner. The Town Planner will assist in determining what permits are necessary for each project presented, and will review each application on behalf of the governing body to determine, within 20 days, whether the application is complete.
§ 300-20.3 Review periods.
A.
Priority development permit reviews and final decisions shall be completed within 180 days, subject to the opportunity for extension described herein. The time period shall begin the day after the issuance of the notice that the application materials are complete pursuant to clause (e) of MGL c. 43D, § 4.
B.
The governing body shall notify the applicant in writing within 20 business days from receipt of the completed form of additional information needed or requirements that it may have. The resubmission of the application or the submission of such additional information required by the governing body shall commence a new thirty-day period for review of the additional information. If, at any time, an issuing authority determines that a permit or other pre-development review is required which it did not previously identify, it shall immediately notify the applicant by certified mail and shall, where public notice and comment or hearings are not required, complete action on the application filed for the previously unidentified permit within 30 days of receipt of the completed application or not later than the latest required decision date for a pending permit, whichever is later. Where public notice and comment or hearing are required for the previously unidentified permit, the required action date shall be not later than 30 days from the later of the close of the hearing or comment period, which shall be scheduled to commence as quickly as publication allows. The failure of the governing body to notify an applicant of the requirement of a public hearing or comment period shall not constitute a waiver of the requirement.
C.
The 180-day time period may be waived or extended for good cause upon written request of the applicant with the consent of the governing body or upon written request of the issuing authority with the consent of the applicant. The 180-day period may be extended for up to 30 days by the governing body in the event an additional permit or other pre-development review is required in accordance with subsection (c) of MGL c. 43D, § 5, if the requirement for the previously unidentified permit or review has been determined no less than 150 days after the issuance of the notice of completeness. The 180-day time period shall be extended when the issuing authority determines either: (1) that action by another federal, state or municipal government agency is required before the issuing authority may act; (2) that judicial proceedings affect the ability of the issuing authority or applicant to proceed with the application; or (3) that enforcement proceedings that could result in revocation of an existing permit for that facility or activity and denial of the application have been commenced. In those circumstances, the issuing authority shall provide written notification to the secretary. When the reason for the extension is no longer applicable, the issuing authority shall immediately notify the applicant, and shall complete its decision within the time period specified in this section, beginning the day after the notice is issued.
D.
An issuing authority may not use lack of time for review as a basis for denial of a permit if the applicant has provided a complete application and met all other obligations in accordance with this article.
§ 300-20.4 Project review.
A.
Projects submitted in accordance with this regulation shall complete a Priority Development Site - Streamlined Permit Application and shall also comply with the submission requirements for each permit determined necessary by the Town Planner, as established through bylaws, laws and regulations. However, a community fiscal impact assessment, stormwater management plan and a traffic study will be required in all cases.
B.
Pre-filing and issue reviews. The applicant is encouraged to request a pre-filing review of the application to assist in formulation of a complete application. The applicant may also request reviews at any time with specific departments to aid in resolution of any issues with the application. Said reviews shall be requested through the Town Planner. Said reviews are not intended to be "advisory or technical reviews" as referenced in the statute. Each project shall undergo the permitting processes as identified by the Town Planner and/or prescribed by law or local regulation. Every effort shall be made to conduct joint permit hearings.
§ 300-20.5 Fees.
The applicant shall submit fees for each permit that has been determined necessary by the Town Planner, as already established by existing bylaws, laws and regulations.
§ 300-20.6 Automatic grant of approval.
Failure by any issuing authority to take final action on a permit or approval within the 180-day period or extended time, if applicable, shall be considered a grant of the relief requested of that authority. In that event, within 14 days after the date of expiration of the time period, the applicant shall file an affidavit with the Town Clerk, attaching the application, setting forth the facts giving rise to the grant and stating that notice of the grant has been mailed, by certified mail, to all parties to the proceedings and all persons entitled to notice of hearing in connection with the application. The grant shall not occur where:
A.
The governing body has made a timely determination that the application is not complete in accordance with its requirements and notified the applicant as set forth herein and the applicant has not made a timely response to complete the application;
B.
The governing body has determined that the final application contained false or misleading information; or
C.
The governing body has determined that substantial changes to the project affect the information required to process the permit application have occurred since the filing of the application.
§ 300-20.7 Consolidated and streamlined appeals.
Appeals of issuing authority decisions or automatic grants of approval must be filed in accordance with MGL c. 43D, § 10, within 20 days of the last permit issued or within 20 days of the 180-day expiration, whichever is later. All appeals must be consolidated and filed within the Division of Administrative Law Appeals (DALA) within 20 days. The consolidated appeal does not apply to wetlands. DALA shall render appeals decisions within 90 days, and aggrieved parties may further appeal to the Superior Court within 20 days of the DALA decision.
§ 300-20.8 Transfers, renewals, permit modification requests, expiration.
Permits shall not transfer automatically to successors in title, unless the permit expressly allows the transfer without the approval of the issuing authority. Issuing authorities having substantive jurisdiction over permit issuance may develop procedures for simplified permit renewals and annual reporting requirements. If the procedures are not developed, renewals of permits shall be governed by the same procedures and timelines as specified in conjunction with this article. Issuing authorities shall make reasonable effort to review permit modification requests within as short a period as is feasible to maintain the integrity of the expedited permitting process. An issuing authority shall inform an applicant within 20 business days of receipt of a request whether the modification is approved, denied, determined to be substantial or additional information is required by the issuing authority in order to issue a decision. If additional information is required, the issuing authority shall inform an applicant within 20 business days after receipt of the required additional information whether the modification is approved or denied or that additional information is still required by the issuing authority in order to render a decision. In cases in which the issuing authority determines that a requested modification is substantial, the original review period for permit categories as set forth in § 300-20.3 shall apply. Permits issued pursuant to this article shall expire five years from the date of the expiration of the applicable appeal period unless exercised sooner. Where permits cover multiple buildings, commencement and continuation of construction of one building shall preserve the permit validity. Changes in the law subsequent to the issuance of permits based upon the priority proposal shall not invalidate the permits or review certificates. Nothing in this section shall limit the effectiveness of MGL c. 40A, § 6.