Templeton City Zoning Code
ARTICLE VIII
Administration and Procedures
§ 300-29 Administration and enforcement; violations and penalties.
A.
Permits. This bylaw shall be administered by the Building Inspector. Pursuant to the State Building Code, the Building Inspector may require such plans and specifications as may be necessary to determine compliance with all pertinent laws of the commonwealth and may request advisory reviews by other municipal boards and officials. Buildings, structures or signs may not be erected, substantially altered, moved, or changed in use and land may not be substantially altered or changed with regard to size or shape or principal use unless in compliance with this Zoning Bylaw and all necessary permits have been received under federal, state, or local law.
B.
Enforcement. The Building Inspector shall institute and take any and all such action as may be necessary to enforce full compliance with any and all of the provisions of this bylaw and of permits, special permits, variances, and site plan approval issued thereunder, including notification of noncompliance and request for legal action.
C.
Penalties. The penalty for violation of any provision of this bylaw of any of the conditions under which a permit is issued, or of any decision rendered by the Board of Appeals, any special permit granting authority, or the site plan approval board shall be $300 for each offense. Each day that each violation continues shall constitute a separate offense.
§ 300-30 Board of Appeals.
A.
Establishment and membership. There shall be a Board of Appeals as provided by MGL c. 40A, § 12, as amended, which shall act on all matters within its jurisdiction under this bylaw in the manner prescribed in such section. The Board of Appeals shall consist of five members and one alternate member.
B.
Powers. The Board of Appeals shall have and exercise all the powers granted to it by Chapters 40A, 40B and 41 of the General Laws and by this bylaw. The Board of Appeals' powers are as follows:
(1)
To hear and decide applications for special permits. Unless otherwise specified herein, the Board of Appeals shall serve as the special permit granting authority, to act in all matters in accordance with the provisions of § 300-31, or as otherwise specified.
(2)
To hear and decide appeals or petitions for variances from the terms of this bylaw, with respect to particular land or structures, as set forth in MGL c. 40A, § 10. The Board of Appeals shall not grant use variances.
(3)
To hear and decide appeals taken by any person aggrieved by reason of his inability to obtain a permit or enforcement action from any administrative officer under the provisions of MGL c. 40A, § 7, § 8 and § 15.
(4)
To hear and decide comprehensive permits for construction of low- or moderate-income housing by a public agency or limited-dividend or nonprofit corporation, as set forth in MGL c. 40B, § 20 through § 23.
C.
Procedures. Applications shall be filed in accordance with the rules and regulations of the Board of Appeals. An application shall not be deemed complete until all copies of required information and documentation have been filed with the Board of Appeals.
D.
Conditions. Special permits and variances may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit or permit granting authority may deem necessary to serve the purposes of this bylaw.
E.
Regulations. The Board of Appeals may adopt rules and regulations for the administration of its powers.
F.
Fees. The Board of Appeals may adopt reasonable administrative fees and technical review fees for petitions for variances, administrative appeals, and applications for comprehensive permits.
§ 300-31 Special permits.
A.
Special permit granting authority. Unless specifically designated otherwise, the Board of Appeals shall act as the special permit granting authority.
B.
Criteria. Special permits shall be granted by the special permit granting authority, unless otherwise specified herein, only upon its written determination that the proposed use or structure(s) shall not cause substantial detriment to the neighborhood or the Town, taking into account the 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, such 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.
C.
Procedures.
(1)
Applications shall be filed in accordance with the rules and regulations of the special permit granting authority. An application shall not be deemed complete until all copies of required information and documentation have been filed with the special permit granting authority.
(2)
Special permits shall only be issued following public hearings held within 65 days after filing an application. When requesting a special permit from the Board of Appeals, the application shall be filed with the Town Clerk, who shall transmit the application to the Board of Appeals. When requesting a special permit from the Planning Board, the application shall be filed with the Planning Board and the applicant is responsible for transmitting a copy of the application to the Town Clerk forthwith. Failure of the Board of Appeals or the Planning Board to act within 90 days after a public hearing for a special permit shall be deemed as approval. The Rules and Regulations of the Board of Appeals and Planning Board Concerning Special Permits should be obtained from the Town Clerk in order to have the complete procedures concerning special permits.
D.
Conditions. Special permits may be granted with such reasonable conditions, safeguards, or limitations on time or use, including performance guarantees, as the special permit granting authority may deem necessary to serve the purposes of this bylaw.
E.
Plans. An applicant for a special permit shall submit a plan in substantial conformance with the requirements set forth per each SPGA-set rules and regulations and within the Templeton Zoning Bylaw herein.
F.
Lapse. Special permits shall lapse if a substantial use thereof or construction thereunder has not begun, except for good cause, within 36 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.
G.
Regulations. The special permit granting authority may adopt rules and regulations for the administration of this section.
H.
Fees. The special permit granting authority may adopt reasonable administrative fees and technical review fees for applications for special permits.
§ 300-32 Site plan review.
[Amended 5-14-2002; 3-6-2008]
A.
Applicability. The following types of activities and uses require site plan review by the Planning Board:
B.
Procedure. Applicants shall submit five copies of the site plan to the Planning Board for review, and within three days thereafter shall also submit a copy of the site plan to the Board, Board of Health, Building Inspector, and Conservation Commission for their advisory review and comments. The Planning Board shall hold a public hearing on any complete application within 60 days of its submission. Public notice of said hearing shall be given in accordance with the requirements of MGL c. 40A, § 11. The Planning Board shall review and act upon the site plan, with such conditions as may be deemed appropriate, within 60 days of the closing of the public hearing, and notify the applicant of its decision. The decision of the Planning Board shall be upon a majority of the Planning Board, shall be in writing, and shall be filed with the Town Clerk within 14 days thereafter. No building permit or certificate of occupancy shall be issued by the Building Inspector without the written approval of the site plan by the Planning Board, or unless 60 days lapse from the closing of the public hearing without action by the Planning Board. All time limits may be extended in writing by mutual agreement of the applicant and the Planning Board.
C.
Preparation of plans; contents. Applicants are invited to submit a pre-application sketch of the proposed project at a regular meeting of the Planning Board. Site plans shall be submitted on twenty-four-inch by thirty-six-inch sheets. Plans shall be prepared by a registered professional engineer, registered land surveyor, architect, or landscape architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposal. All plans shall have a minimum scale of one inch equals 20 feet.
(1)
The contents of the site plan are as follows:
(a)
Six separate plans prepared at a scale of one inch equals 20 feet or such other scale as may be approved by the Planning Board. The plans are as follows:
[1]
Locus plan, at a scale of one inch equals 100 feet, showing the entire project and its relation to existing areas, buildings and roads for a distance of 1,000 feet from the project boundaries or such other distance as may be approved or required by the Planning Board.
[2]
Site layout, which shall contain the boundaries of the lot(s) in the proposed development, proposed structures, drives, parking, fences, walls, walks, outdoor lighting, loading facilities, areas for snow storage after plowing, and all proposed recreational facilities and open space areas.
[3]
Topography and drainage plan, which shall contain the existing and proposed final topography at two-foot intervals and plans for handling stormwater drainage, and all wetlands, including floodplain areas.
[4]
Utility plan, which shall include all facilities for refuse and sewage disposal or storage of all wastes, the location of all hydrants, fire alarm and firefighting facilities on and adjacent to the site.
[5]
Architectural plan, which shall include the ground floor plan and architectural elevations of all proposed buildings and a color rendering.
[6]
Landscaping plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements, including screening, planting areas with size and type of stock for each shrub or tree, and including proposed erosion control.
(b)
The site plan shall be accompanied by a written statement indicating the estimated time required to complete the proposed project and any and all phases thereof. There shall be submitted a written estimate, showing in detail the costs of all site improvements planned.
(c)
A written summary of the contemplated projects shall be submitted with the site plan indicating, where appropriate, the number of dwelling units to be built and the acreage in residential use, the evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land, and any other evidence necessary to indicate compliance with this bylaw.
D.
Approval. Site plan approval shall be granted upon determination by the Planning Board that the plan meets the following standards. The Planning Board may impose reasonable conditions. New building construction or other site alterations shall be designed to:
(1)
Minimize the volume of cut and fill, the number of removed trees six inches caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and threat of air and water pollution;
(3)
Maximize pedestrian and vehicular safety both on the site and egressing from it;
(4)
Minimize obstruction of scenic views from publicly accessible locations and visual intrusion by screening parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned;
(5)
Minimize glare from headlights and lighting intrusion;
(6)
Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places;
(7)
Ensure compliance with the provisions of this Zoning Bylaw.
E.
Lapse. Site plan approval shall lapse after two years from the grant thereof if a substantial use thereof has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.
F.
Regulations; fees. The Planning Board may adopt and from time to time amend reasonable regulations for the administration of this section. The Planning Board may adopt reasonable administrative fees and technical review fees for site plan review.