Taunton City Zoning Code
ARTICLE XV
Site Plan Review
§ 440-1501 Purpose and authority.
A.
Purpose. The purpose of this article is to ensure that the design and layout of new multifamily residential, commercial and industrial development will not be detrimental to the City of Taunton's neighborhoods and environment and protect the health, safety, convenience and general welfare of its inhabitants. The intent of site plan review is to regulate rather than prohibit use through reasonable conditions which may be imposed by the Site Plan Review Committee concerning the siting of buildings, open space and landscaping, parking areas, access and egress from proposed developments, drainage, sewerage, water supply, and police and fire safety.
§ 440-1502 Site plan review thresholds.
A.
A site plan review shall be a public meeting of the Site Plan Review Committee (SPRC) and shall apply to the following:
(2)
Change of use in Business, Highway Business, Office and Industrial Districts, where the new use is allowed by right in that district and results in an increase in dimensional requirements, impervious area, landscaping and/or parking requirements.
(3)
A change in the number of parking spaces on the site and/or an increase in impervious area.
(4)
Multifamily (four units plus) residential projects.
(5)
New "nonresidential" commercial and industrial projects on vacant or unimproved site.
(6)
An increase in traffic generation of 50 or more cars per day as established by the Institute of Transportation Engineers.
(7)
Additions to existing multifamily residential projects, where the addition constitutes the creation of new units.
B.
Any application that requires review under the site plan review process of this section will follow the requirements of this article.
C.
Official notification of abutters. The petitioner shall submit, in addition to a completed application, along with the certified list of abutters, pre-stamped envelopes for each abutter. An official City of Taunton notification form will be sent to each abutter on the certified list. This form enables abutters to respond in writing regarding the proposed project or attend the Site Plan Review Committee public meeting.
§ 440-1503 Basic requirements.
A.
Notwithstanding anything contained in this chapter to the contrary, no building permit shall be issued for, and no person shall undertake, any use or improvement subject to this article unless an application for site plan review and approval has been prepared for the proposed development in accordance with the requirements of this article and unless such application has been approved by the Site Plan Review Committee.
B.
No certificate of occupancy shall be granted by the Building Inspector until the Site Plan Review Committee has given its approval that the development and any associated off-site improvements conform to the approved application for site plan review and approval, including any conditions imposed by the Site Plan Review Committee.[1]
C.
Notwithstanding the above, a temporary certificate of occupancy may be granted with the approval of the Site Plan Review Committee subject to conditions for completion of work (which shall include a requirement for surety, in an amount and form to be determined by the Site Plan Review Committee) imposed by the Site Plan Review Committee.[2]
§ 440-1504 Application and review procedure.
[Amended 5-21-2024]
A.
Prior to the filing of an application subject to this article, the applicant shall submit plans to the Planning and Conservation Director, who shall advise the applicant as to the pertinent sections of this chapter. The applicant shall then submit 22 copies of the application, conforming to this article, to the Planning and Conservation Director. The applicant shall also provide a pdf file of the plan with the application.
B.
Upon receiving a completed application as set forth above, the Planning and Conservation Director shall forthwith transmit one copy each to the following departments:
(1)
Municipal Council (two copies) (one for City Clerk).
(2)
Commission on Individuals with Disabilities.
(3)
Planning Board (two copies).
(4)
Planning and Conservation Director.
(5)
Board of Health.
(6)
Engineering Division.
(7)
Water Department.
(8)
Sewer Department.
(9)
Conservation Commission.
(10)
Taunton Municipal Lighting Plant.
(11)
Fire Department.
(12)
License Commission.
(13)
Department of Public Works.
(14)
Mayor's Office.
(15)
Building Department (two copies).
(16)
Economic Development Office.
(17)
Historic District Commission.
(18)
Designated community representative selected by the Mayor and approved by the Municipal Council.
(19)
Agricultural Commission.
C.
Reports.
(1)
Such departments shall, with 11 days of receiving said copy, report to the Planning and Conservation Director on the adequacy of the data and the methodology used by the applicant to determine impacts of the proposed development and the effects of the projected impacts of the proposed development. Said departments may recommend conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development. Failure by any such department to report within the allotted time shall constitute approval by that department of the adequacy of the submittal and also that, in the opinion of that department, the proposed project will cause no adverse impact.
(2)
The Planning and Conservation Director shall, within 20 business days of receiving a copy of the application, meet with responding agencies and the applicant to discuss the department responses and to compile a coordinated report to the Site Plan Review Committee on the adequacy of the data and the methodology used by the applicant to determine impacts of the proposed development and the effects of the projected impacts of the proposed development. The report shall make findings and recommend conditions or remedial measures to accommodate or mitigate the expected impacts of the proposed development. Said report shall refer to and include full copies of the department reports.
D.
The Site Plan Review Committee shall not render a decision on said application until it has received and considered all reports requested from City departments and boards, or until the twenty-business-day period has expired, whichever is earlier. The Site Plan Review Committee may continue the public meeting to allow for the submission of the report of the Planning and Conservation Director and City departments, but final decision shall be made within 90 days of application unless said time period is extended with the concurrence of the applicant.
E.
The Site Plan Review Committee shall open a public meeting on any properly completed application within 45 days after filing, shall properly serve notice of such meeting, and shall render its decision within 60 days of said meeting. The meeting and notice requirements set forth herein shall comply with the requirements of the Open Meeting Law and shall include mailed notice to abutters in conformance with MGL c. 40A, § 11. All costs of the notice requirements shall be at the expense of the applicant.
F.
In reviewing the impacts of a proposed development, the Site Plan Review Committee shall consider the information presented in the application for site plan approval, including all items specified in §§ 440-1505, 440-1508 and 440-1509, all reports of City departments submitted to the Planning and Conservation Director or the Site Plan Review Committee, the Planning and Conservation Director report and any additional information available to the Site Plan Review Committee, submitted to the Site Plan Review Committee by any person, official or agency, or acquired by the Site Plan Review Committee on its own initiative or research.
§ 440-1505 Specific findings required.
Prior to granting approval or disapproval, the Site Plan Review Committee shall make written findings with supporting documentation as specified below.
A.
Approval.
(1)
The Site Plan Review Committee may approve an application, based on its review of the projected development impacts and the proposed methods of mitigating such impacts, if said Committee finds that the proposed development is in conformance with this chapter, and that:
(a)
The traffic-carrying capacity of the intersections and streets likely to be affected by the proposed development will meet the standards set forth in § 440-1509A.
(b)
The proposed development will comply with the environmental impact standards set forth in § 440-1509B.
(c)
The planned capacities of public facilities such as water supply, sewage and drainage systems are adequate in the vicinity of the site to serve the proposed development.
(2)
In addition, the following specific items shall be addressed:
(a)
Convenience and safety of vehicular and pedestrian movement within the site and location of driveway openings in relation to traffic or to adjacent streets.
(b)
Adequacy of the arrangement of parking and loading spaces.
(c)
Adequacy of methods of disposal of refuse and other wastes.
(d)
Relationship of structures and open space to the natural landscape and existing buildings.
(e)
Protection of wetlands, watersheds, aquifers, and well areas.
(f)
Conformance to City health and fire codes.
(g)
Adequacy of projects to address sewer and water impacts.
(h)
Compliance with all provisions of this chapter.
(i)
Compliance with the requirements of any other City board, agency, commission, or department rules and regulations.
(3)
Such findings shall pertain to the entire proposed development, including any site plan or design modifications imposed by the Planning Board as a condition of its approval, and off-site improvements proposed by the applicant or required by the Site Plan Review Committee as a condition of its approval.
B.
Disapproval.
(1)
The Site Plan Review Committee must disapprove an application if it is unable to meet the requirements for approval.
(2)
Notwithstanding the above, the Site Plan Review Committee may approve an application if the adverse impacts of the proposed development are not significantly greater than the impacts of uses which are or can be made of the site under existing laws and regulations without a requirement for site plan review.
§ 440-1506 Conditions, limitations and safeguards.
[Amended 5-21-2024]
A.
In granting approval of an application, the Site Plan Review Committee may impose conditions, limitations and safeguards which shall be in writing and shall be a part of such approval. Such conditions may include, among other matters and subjects:
(1)
Controls on the location and type of access to the site.
(2)
Controls on the number of vehicles that arrive or depart during the morning and/or evening peak hours (including controls on the maximum number of vehicles which may use the off-street parking areas during said periods).
(3)
Requirements for off-site improvements to improve the capacity and safety of roads, intersections, pedestrianways, water, sewer, drainage, and other public facilities which are likely to be affected by the proposed development.
(4)
Requirements for donation and/or dedication of land for right-of-way to provide for future roadway and/or intersection widening or improvements.
(5)
Requirements for securing the performance of all proposed work, including proposed off-street improvements, by either or both of the following methods:
(a)
A performance bond, a deposit of money, negotiable securities, letter of credit, or bank passbook in an amount determined by the Site Plan Review Committee to be sufficient to cover the cost of all or any part of the improvements required as conditions of approval.
(b)
A covenant running with the land, executed and duly recorded by the owner of record, whereby the required improvements shall be completed before the property may be conveyed by other than a mortgage deed.
(6)
Conditions to minimize off-site impacts on traffic and environmental quality during construction.
B.
Changes to site plan. Any and all changes to any approved site plan review must be first submitted for review as to whether the change is a major or minor change through the same procedure as the original site plan for review and approval prior to incorporation. Any change that alters a specific condition of a site plan review decision or falls under one or more of the thresholds in § 440-1502 shall be considered a major change. All other changes shall be at the discretion of the Site Plan Review Committee as to whether they are minor or major in nature.
C.
Validity. The actions allowed by site plan review are authorized for a two-year period from the date of granting of final approval. Thereafter such approval shall be deemed to have elapsed and a new application will be required.
§ 440-1507 Administration.
A.
The SPRC shall establish and may periodically amend rules and regulations relating to the administration of this article, including additional regulations relating to the scope and format of reports required hereunder.
B.
The filing fee for site plan review shall be calculated utilizing the fee schedule detailed in § 440-305D. No application shall be considered complete unless accompanied by the required fees.
C.
The Site Plan Review Committee shall be responsible for deciding the meaning or intent of any provision of this article which may be unclear or in dispute.
§ 440-1508 Contents and scope of applications.
An application for site plan review and approval under this article shall be prepared by qualified professionals, including a registered professional engineer and, where required by state law, a registered architect and/or registered landscape architect, and shall include the following items and information:
A.
Waiver. Waiver of the submittal requirements may be requested as follows:
(1)
Staff. The applicant may request waiver of certain of the submittal requirements by application to the City Planner. If granted, the City Planner shall list specifically what requirements have been waived and transmit it to the reviewing agencies with the application as per § 440-1504. Should any agency or, at its next meeting, the SPRC object to the elimination of any requirement, the applicant shall be responsible for providing the additional requested information. In order to provide the full time period for review, the applicant shall extend the time period within which the public hearing and the decision are required to be made by the number of days between the day the original application was received and the day the additional information was received.
(2)
Site Plan Review Committee. Prior to application, the applicant may request waiver of certain of the submittal requirements by application to the SPRC. The SPRC may publish in its rules and regulations standard waivers which may be granted to applicants meeting a prescribed set of standards.
B.
Site plan. A site plan containing the following shall be submitted at the time of application:
(1)
A title block containing the name of the project, type of project, legend, scale (one inch equals 40 feet), North arrow, name and address of owner or applicant, name and address of engineer/architect, date of plan, zoning district and legal description of the site.
(2)
Registered professional engineer's and registered land surveyor's stamp.
(3)
A locus plan, showing site and its relationship to City of Taunton.
(4)
Site data including:
(a)
Size of parcel.
(b)
All lot lines and dimensions, including road frontage, width and depth.
(c)
Statement respecting the datum used for all elevations (USGS or City datum requires a permanent benchmark be established on the site and its elevation noted on the plot plan).
(d)
Easements and other restrictions pertaining to the lot.
(e)
Overlaying districts (including local historic district, floodplain district, special flood hazard district, groundwater supply district, etc.).
(f)
Rivers, streams, intermittent streams, brooks, creeks, lake houses, and ponds.
(g)
Wetlands (marshes, swamps, bogs and wet meadows).
(h)
Existing vegetative cover.
(i)
Existing and proposed ground elevations (at two-foot contours).
(j)
Existing buildings and other structures.
(k)
All names of abutters and owners of land within 300 feet as determined from the most recent tax list.
(5)
Project data, including:
(a)
Proposed buildings by type (i.e., apartment, row house, recreation building, etc.) with all dimensions including interior square footage.
(b)
Number of units.
(c)
Density.
(d)
Lot coverage by buildings.
(e)
Setbacks from lot lines.
(f)
Distance between buildings on same parcel.
(g)
Exterior lighting.
(h)
Walls and fences.
(6)
Transportation data, including:
(a)
Paved and other impervious areas.
(b)
Number and location of parking spaces.
(c)
Size of parking spaces.
(d)
An internal circulation plan, including width and location of parking aisles and interior roads.
(e)
Names, widths and elevations of exterior roads.
(f)
Existing and proposed curb cuts and their widths.
(g)
Distance between curb cuts and nearest intersections.
(h)
Loading areas.
(i)
Pedestrianways.
(j)
Railroad spurs.
(8)
A drainage plan, including:
(a)
Number and location of perk tests along roadway and in detention and retention areas.
(b)
Complete soil logs, including depth to water table.
(c)
Two-foot topo lines, extending 100 feet from site.
(d)
Man-made and natural features, including streams, wetlands, rock outcrops, septic systems, wells, etc. (these features should be shown on site and extending 100 feet from site).
(e)
Maps showing subwatershed (also displaying land use, soils and topography).
(f)
On-site drainage patterns should be displayed for pre and post development (including detention and retention areas and location of storm drains).
(g)
Travel time on site and subwatershed should be displayed for peak flow pre and post development.
(h)
Design capacity and peak capacity calculations.
(i)
A plan for the control of erosion and sedimentation caused by the proposed construction.
C.
Development impact statement.
(1)
A development impact statement is required for projects with the following characteristics:
(a)
Multifamily residential projects consisting of 10 or more units or containing three or more acres of land.
(b)
Commercial and industrial projects consisting of 3,000 or more square feet of floor area or three or more acres of land area.
(c)
All projects which generate more than 100 vehicle trips per day.
(2)
The development impact statement shall describe potential impacts of the proposed development, compare them to the impacts of uses which are or can be made of the site without a requirement for site plan review, identify all significant positive or adverse impacts, and propose an acceptable program to prevent or mitigate adverse impacts. The development impact statement shall consist of the following four elements:
(a)
Traffic impact assessment.
[1]
Purpose. To document existing traffic conditions in the vicinity of the proposed project, to describe the volume and effect of projected traffic generated by the proposed project, and to identify measures proposed to mitigate any adverse impacts on traffic.
[2]
Format and scope:
[a]
Existing traffic volume, composition, peak-hour levels, street capacities, and level of service (LOS) on surrounding streets.
[b]
Estimated average daily traffic generation, composition, peak-hour levels and directional flows resulting from the proposed development.
[c]
Impacts of estimated traffic impacts on existing traffic conditions.
[d]
The methodology and sources used to service existing data and estimations.
[e]
Proposed methods to mitigate the estimated traffic impact.
(b)
Environmental impact assessment.
[1]
Purpose. To describe the impacts of the proposed development with respect to on-site and off-site environmental quality.
[2]
Format and scope:
[a]
A description of the relationship of the proposed development to the major botanical, zoological, geological and hydrological resources of the site; the impact of stormwater runoff on adjacent and downstream surface water bodies, subsurface groundwater and the water table; and the potential dangers of erosion and sedimentation caused by the operation and maintenance of the proposed development.
[b]
Description of proposed measures for mitigation of any potential adverse impacts on the natural environment.
(c)
Fiscal impact assessment.
[1]
Purpose. To evaluate the fiscal and economic impacts of the proposed development on the City.
[2]
Format and scope:
[a]
Projections of costs arising from increased demands for public services and infrastructure.
[b]
Projections of benefits from increased tax revenues, employment (construction and permanent), and value of public infrastructure to be provided.
[c]
Projections of the impacts of the proposed development on the values of adjoining properties.
[d]
Five-year projection of increased City revenues and costs resulting from the proposed development.
(d)
Community impact statement.
[1]
Purpose. To evaluate the impact of the proposed project on the City, surrounding neighborhoods and City services.
[2]
Format and scope:
[a]
Site design and neighborhood impact. Evaluation of the relationship of proposed new structures or alterations to nearby preexisting structures in terms of character and intensity of use (e.g., scale, materials, color, door and window size and locations, setbacks, roof and cornice lines, and other major design elements) and of the location configuration of proposed structures, parking areas, and open space with respect to neighboring properties.
[b]
Historic impact. Identification of impacts on significant historic properties, districts or areas or archaeological resources (if any) in the vicinity of the proposed development.
[c]
Evaluation of impacts on the water system, sewage system, the landfill, the school system, fire protection, police protection, libraries, and parks and recreation facilities, and proposed methods of mitigation for any adverse impacts.
§ 440-1509 Development impact standards.
The following standards shall be used in evaluating projected impacts of proposed developments. Required standards must be met by all developments subject to this article. Recommended standards are set forth as guidelines to both the SPRC and applicants and are not intended to be inflexible requirements or to discourage creativity and innovation.
A.
Traffic impact standards.
(1)
Required. The level of service (LOS) of all impacted intersections and streets shall be adequate following project development. For purposes of this standard:
(a)
Level of service (LOS) shall be determined according to criteria set forth by the Transportation Research Board of the National Research Council.
(b)
"Impacted" means located within 1,000 feet of the closest boundary of the project site and projected to receive at least 5% of the anticipated average daily or peak-hour traffic generated by the proposed development.
(c)
"Adequate" shall mean a level of service of "B" or better for rural, scenic and residential streets and for all new streets and intersections to be created in connection with the project and "D" or better for all other streets and intersections.
(2)
Recommended. The proposed site plan shall minimize points of traffic conflict, both pedestrian and vehicular. The following guidelines shall be used to achieve this standard:
(a)
Entrance and exit driveways shall be so located and designed as to achieve maximum practicable distance from existing and proposed access connections from adjacent properties.
(b)
Where possible, driveways shall be located opposite similar driveways.
(c)
Sharing of access driveways by adjoining properties and uses is encouraged.
(d)
Left-hand turns and other turning movements shall be minimized.
(e)
Driveways shall be so located and designed as to discourage the routing of vehicular traffic to and through residential streets.
(f)
Pedestrian and bicycle circulation shall be separated from motor vehicle circulation as far as practicable.
B.
Environmental impact standards.
(1)
Required.
(a)
The proposed development shall not create any significant emission of noise, dust, fumes, noxious gases, radiation, or water pollutants, or any other similar significant adverse environmental impact.
(b)
The proposed development shall not increase the potential for erosion, flooding or sedimentation, either on site or on neighboring properties, and shall not increase rates of runoff from the site to the satisfaction of the City Engineer. Provision for attenuation of runoff pollutants and for groundwater recharge shall be included in the proposal.
(c)
The stormwater management for the proposed development shall meet the requirements set forth in the Massachusetts Stormwater Handbook (latest edition). Stormwater best management practices (BMPs) shall be designed to optimize nitrogen and phosphorus removal.
[Added 4-5-2022[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsection B(1)(c) through (e) as Subsection B(1)(d) through (f), respectively.
(d)
The design of the proposed development shall minimize the destruction of unique natural features.
(e)
The design of the development shall minimize earth removal and keep volume of cut and fill. Any grade changes shall be in keeping with the general appearance of neighboring developed areas.
(f)
The design of the development shall minimize the area over which existing vegetation is to be removed. Tree removal shall be minimized and, if established trees are to be removed, special attention shall be given to the planting of replacement trees.
(2)
Recommended. None.
D.
Community impact standards.
(1)
Required.
(a)
Design elements shall be compatible with the character and scale of neighboring properties and structures.
(b)
The design of the development shall minimize the visibility of visually degrading elements such as trash collectors, loading docks, etc.
(c)
The design of the development shall be consistent or compatible with existing local plans, including plan elements adopted by the Planning Board, Conservation Commission, Parks and Recreation Commission, and other City bodies having such jurisdiction.
(d)
The location and configuration of proposed structures, parking areas and open space shall be designed so as to minimize any adverse impact on temperature levels or wind velocities on the site or adjoining properties.
(e)
Outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, shall be arranged to minimize glare and light spillover to neighboring properties.
(2)
Recommended. None.