West Springfield City Zoning Code
ARTICLE XIII
Site Plan Review
[1]
Editor's Note: See also the site plan administration provisions in Art. XIV of this chapter.
§ 300-13.0 Purpose.
The purpose of site plan review is to further the purpose of this ordinance by providing for the review of development plans for uses and structures which may have significant impacts on the health, safety, welfare, community values, traffic, local economy, environmental quality or municipal and public services and utilities.
§ 300-13.1 Definitions.
As used in this article, the following terms shall have the meanings indicated:
EXTERIOR ALTERATION
An increase in volume or a change in the footprint of a structure.
§ 300-13.2 Projects requiring site plan review.
[Amended 7-19-2021]
With the exceptions noted in the following paragraph, no building permit or DPW curb cut permit shall be issued for any of the following uses: 1) the construction, exterior alteration or change in use of any commercial, industrial structure; or 2) the construction, exterior alteration or change in use of any residential structure, excluding single- and two-family structures; or 3) the construction, exterior alteration or change in use of any other use specified in the Use Table[1] which is not included in 1) or 2) above; or 4) enlargement of parking areas or alterations to curb cuts for any of the uses specified in 1) through 3) above, inclusive; unless a site plan has been endorsed by the Planning Board, after consultation with other boards and departments, including but not limited to the following: Building Inspector, Board of Health, Department of Public Works, Conservation Commission, Fire Department, and Police Department. The Planning Board may waive any and all requirements of site plan review for exterior alterations of less than 25% of the ground floor area of an existing structure.
The use of land or structures for agricultural or religious purposes or for educational purposes on land owned or leased by the commonwealth or any of its agencies, subdivisions or bodies politic or by a religious sect or denomination, or by a nonprofit educational corporation, shall be exempt from site plan review. The change of use of an existing commercial or industrial structure, where no exterior alteration is proposed and where the applicable off-street parking requirements set forth in Table 9-1 have been met, shall be exempt from site plan review. Exclusively for the purposes of determining exemption from site plan review, changes to the building façade which do not result in an increase to the gross floor area of the building shall not be considered an exterior alteration. Exemption from site plan review shall not constitute a waiver of any other applicable zoning requirements.
[1]
Editor's Note: The Table of Use Regulations is included as an attachment to this chapter.
§ 300-13.3 Application; fees.
A.
Each application for site plan review shall be submitted to the Planning Board by the current owner of record accompanied by 10 copies of the site plan.
B.
The Planning Board shall be authorized to adopt a schedule of fees to carry out the duties of this article and Article XIV of the ordinance. Each application shall include a fee in accordance with the fee schedule to cover costs associated with the public hearing and review of the site plans.
§ 300-13.4 Required site plan contents.
A.
All site plans, except those for three- and four-family structures, shall be prepared by a registered architect, landscape architect, or professional engineer. Site plans related to three- and four-family structures shall be prepared in accordance with the State Building Code. All site plans shall be on standard 24-inch by 36-inch sheets and shall be at a sufficient scale, but no greater than one inch equals 40 feet, to show:
(1)
Name of project, locus map, property boundaries, date and scale of plan, abutters' names, zoning districts and size of property;
(2)
Existing and proposed rights-of-way and easements within and abutting the property;
(3)
Existing and proposed structures, including dimensions and elevations;
(4)
Location of existing and proposed utilities, including but not limited to water, sewer, storm drainage, gas, electric, cable TV and electric lines;
(5)
Existing and proposed topography, including location and volume of cuts and fills greater than 100 cubic yards;
(6)
Location of wetland resource areas subject to MGL c. 131, § 40 (Wetlands Protection Act);
(7)
Existing and proposed landscaping, including public shade trees as defined in MGL Chapter 87, Shade Trees;
(8)
Soil erosion prevention;
(9)
Existing and proposed lighting;
(10)
Existing and proposed signage;
(11)
Existing and proposed parking;
(12)
Location of loading/service areas, waste disposal area;
(13)
Appurtenant structures, including but not limited to electrical transformers, pumping stations, and air-conditioning units.
B.
The Planning Board may waive any information requirement it judges to be unnecessary to the review of a particular plan.
§ 300-13.5 Procedures.
A.
The Planning Board shall distribute a copy of the application to all relevant Town boards, departments and commissions within two working days of receipt of the complete application.
B.
Relevant Town entities shall review the application and must submit their written comments and recommendations to the Planning Board within 10 days of receipt of the application. Failure to respond within 10 days shall be deemed approval of the application as submitted.
C.
The Planning Board shall hold a public hearing upon submission of a completed application. Notice of public hearing shall be published in a newspaper of general circulation not less than five days prior to the day of the hearing. Notice shall also be filed with the Clerk's office, posted in the Municipal Office Building and mailed to all abutters as defined in MGL c. 40A.
D.
The Board shall issue a decision within 30 days of submission of the complete application. Copies of the decisions shall be sent to the applicant and filed with the Town Clerk's and Building Inspector's offices.
E.
If the proposed development requires a public hearing as required under MGL c. 131, § 40 or MGL Chapter 87, the required information must be submitted to the appropriate reviewing agency at the time of application submission as required by this article and Article XIV in order to facilitate concurrent review.
§ 300-13.6 Site plan review criteria.
A.
The following criteria shall be considered by the aforementioned boards in the review and evaluation of a site plan, consistent with a reasonable use of the site for the purposes permitted or permissible by the regulations of the district in which it is located:
(1)
The development shall be integrated into the existing terrain and surrounding landscape, and shall be designed to protect abutting properties and community amenities. Building sites shall, to the extent feasible:
(a)
Minimize use of wetlands, slopes greater than 15%, floodplains and hilltops;
(b)
Minimize obstruction of scenic views from publicly accessible locations;
(c)
Preserve unique natural or historical features by incorporating said features into the project design;
(d)
Minimize tree, vegetation and soil removal and grade changes by integrating the proposed development into the existing terrain;
(e)
Screen objectionable features such as heat pumps, air conditioners, dumpsters and similar equipment from neighboring properties and roadways through the use of landscaping and earthen berms; and
(f)
Maintain existing public shade trees by locating proposed utilities and accessways between existing public shade trees.
(2)
The development shall be served with adequate water supply and waste disposal systems. The development shall not place excessive demands on Town services and infrastructure. For structures to be served by on-site waste disposal systems, the applicant shall submit a septic system design prepared by a certified engineer and approved by the Board of Health in accordance with Title V.
(3)
Vehicle and pedestrian traffic.
(a)
The plan shall maximize the convenience and safety of vehicular and pedestrian movement within the site and in relation to adjacent ways. For projects requiring the construction of a new multifamily, business or industrial structure of 10,000 square feet or more of gross floor area, or the expansion or change in use of any multifamily, business or industrial structure of 10,000 square feet or more in gross floor area, or for uses with a trip generation rate over 700 vehicles/day (based on Institute of Transportation Engineers rates found in Trip Generation), the applicant shall be required to submit a detailed traffic study conducted by an independent transportation engineer selected by the Planning Board containing:
[1]
The projected number of motor vehicle trips to enter or leave the site, estimated for daily and peak-hour traffic levels.
[2]
The projected traffic flow pattern, including vehicular movements at all major intersection likely to be affected by the proposed use of the site.
[3]
Traffic flow patterns at the site, including entrances and egresses, loading and unloading areas, and curb cuts on site and within 100 feet of the site.
[4]
A detailed assessment of the traffic safety impacts of the proposed project or use on the carrying capacity of any adjacent highway or road, including the projected number of motor vehicle trips to enter or depart from the site estimated for daily hour and peak-hour traffic levels, road capacities, and impacts on intersections. Existing daily and peak-hour traffic levels and road capacities shall also be given.
[5]
A plan to minimize traffic and safety impacts through such means as physical design and layout concepts, staggered employee work schedules, promoting use of public transit or carpooling, or other appropriate means.
[6]
An internal traffic and pedestrian circulation plan designed to minimize conflicts and safety problems.
[7]
Adequate pedestrian and bicycle access provided by supplying access to adjacent properties and between individual businesses within a development.
[8]
Specific mitigating measures which alleviate impacts to the adjacent roadway network.
[9]
A five-year forecast roadway capacity analysis with a discussion of the primary differences between development of the project (a "Build" alternative) and the alternative of not carrying out the project ("No build' alternative).
(b)
The applicant shall be responsible for all costs associated with the traffic analysis. The applicant shall also be responsible for posting a monetary performance bond in a form and amount, approved by the Planning Board, sufficient to guarantee all transportation improvements as required by the Board.
(4)
The site plan shall show adequate measures to prevent pollution of surface water or groundwater, to minimize erosion and sedimentation, and to prevent changes in groundwater levels, increased run-off and potential for flooding. Drainage shall be designed so that off-site run-off shall not be increased, groundwater recharge is maximized, and neighboring properties will not be adversely affected. Increased runoff from impervious surfaces shall be recharged on site by being diverted to vegetated surfaces for infiltration or through the use of detention ponds. No drainage shall be allowed to enter a public or private right-of-way used or maintained for pedestrian or vehicular access during construction and after completion of development. Erosion of soil and sedimentation of streams, water bodies and ways shall be minimized by using the following erosion control practices:
(a)
Exposed or disturbed areas due to stripping of vegetation, soil removal, and regrading shall be permanently stabilized within three months of occupancy of a structure.
(b)
During construction, temporary vegetation and/or mulching shall be used to protect exposed areas from erosion. Until a disturbed area is permanently stabilized, sediment in runoff water shall be trapped by using staked hay bales or sedimentation traps in accordance with Soil Conservation Service[1] standards.
[1]
Editor's Note: Now the Natural Resources Conservation Service.
(c)
Permanent erosion control and vegetative measures shall be in accordance with the erosion, sedimentation and vegetative practices recommended by the Soil Conservation Service.[2]
[2]
Editor's Note: Now the Natural Resources Conservation Service.
(d)
All slopes exceeding 15% resulting from site grading shall be either covered with four inches of topsoil and planted with a vegetative cover sufficient to prevent erosion or be stabilized by a retaining wall.
(e)
Dust control shall be used during grading operations if the grading is to occur within 200 feet of a residential use or place of business. Dust control methods may consist of grading fine soils on calm days only or dampening the ground with water.
(5)
Electric, telephone, cable TV, and other such utilities and services shall be placed underground where physically and environmentally feasible.
(6)
Exposed storage areas, machinery, service areas, truck loading areas, utility building and structures, dumpsters and other unsightly uses shall be set back and screened to protect abutting properties from objectionable features.
(7)
The site plan shall comply with all zoning requirements for the district in which it is located.
(8)
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. The glare from the installation of outdoor lights and illuminated signs shall be contained on the property and shall be shielded from abutting properties. Lighting structures shall be integrated with the site and surrounding uses.
(9)
All signs shall conform to the regulations outlined in this ordinance.
(10)
Parking shall conform to all requirements of this ordinance.
(11)
Landscaping shall conform to all requirements of this ordinance.
B.
Before approval of a site plan, the reviewing board may request the applicant to make modifications in the proposed design of the project to ensure that the above criteria are met.
§ 300-13.8 Landscaping requirements.
A.
The landscaping plan shall illustrate the existing and proposed landscape development of the property, including the location, layout, type and size of buffers and landscaped areas, plant material, fencing, screening devices or other material proposed.
B.
The minimum requirements for landscaped buffer areas are as follows in Table 13-1.
Table 13-1 Landscape Buffer Requirements | ||
|---|---|---|
Requirement by Lot Area | Depth of Buffer Along Street Lines (feet) (see Note 2) | Depth of Buffer Along Abutting Properties (feet) (see Notes 1 and 2) |
Up to and including 43,560 square feet | 10 | 5 |
43,561 square feet to 130,680 square feet | 12 | 8 |
130,680 square feet to 217,800 square feet | 15 | 12 |
5 acres or more | 20 | 15 |
NOTES: |
Note 1: Site development abutting nonresidential property shall provide and maintain a buffer at least four feet in height. Site development abutting residential property shall provide and maintain a buffer at least six feet in height or at a height and density deemed necessary by the Planning Board to protect the abutting residential use. All buffers shall be planted but may use a combination of fencing and vegetation to achieve screening acceptable by the Town. |
Note 2: The depth of the buffer required by this section of the ordinance shall supersede any building setback required by this ordinance. |
C.
In addition to other requirements of this section, 2/3 of that lot area not devoted to structure, parking, circulation, access, service, storage or other functions related to the principal or accessory use of the lot shall be landscaped or left in a natural state. Areas maintained in a natural condition shall be kept free of trash, rubbish or other debris.
D.
At all street or driveway intersections, trees or shrubs shall be planted so that they do not present a pedestrian or vehicular traffic visibility hazard.
E.
All landscaped areas shall be properly maintained. Shrubs or trees which die shall be replaced within one growing season.
F.
Exposed storage areas, machinery, service areas, truck loading areas, utility buildings, electrical transformers, air-conditioning units, dumpsters and other similar structures shall be screened with plantings, earthen berms or fences complemented with plantings.
G.
All trees which are planted as part of the landscaping shall be a minimum of two inches' diameter at breast height at the time of planting.
H.
All shrubs which are planted as part of the landscaping shall be a minimum of two feet in height at the time of planting.
§ 300-13.9 Final action.
The Planning Board's final action shall consist of either:
A.
A determination that the proposed project will constitute a suitable development and is in compliance with the criteria set forth in the ordinance;
B.
Approval subject to any conditions, modifications, and restrictions as the Planning Board may deem necessary; or
C.
A written denial of the application, stating the reasons for such denial.
