(Adopted by Annual Town Meeting 4/6/87)

The purpose of this section is to provide for Planning Board review of certain construction projects to ensure that sound site utilization principles are used to provide for and protect the public health, safety, and general well-being, in accordance with Massachusetts General Laws, Chapter 40A.

(Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02) (Amended by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)

The following types of activities and uses require site plan review by the Planning Board:

1. Construction of any new community facility, commercial, industrial or business building; or any additions or alterations in excess of 2,500 square feet or thirty percent (30%) of the existing gross floor area, whichever is less, which has been constructed within the consecutive two-year period;

2. Construction of any drive-through facility;

3. Any change or intensification of use which increases the parking requirement by ten spaces and/or triggers the requirement of a new loading zone; and

4.Grading, clearing, or other non-residential land development activity except for the following: work incidental to agricultural activities; clearing necessary for percolation and other site tests; or work in conjunction with an earth removal permit.

In the review of any site plan conducted under this Section, the Planning Board (herein "Board") shall determine that reasonably adequate provisions have been made by the applicant for the following:

1. Traffic circulation and access;

2. Pedestrian safety and access;

3. Off-street parking and loading which is in compliance with the applicable requirements of the Protective Zoning Bylaw;

4. Emergency vehicle access;

5. Storm water drainage, based upon a professional engineering report, utilizing on-site absorption wherever practical;

6. Water supply and sewage disposal adequate to support the intended use(s);

7. Screening, including the use of natural land features, plantings, and erosion control;

8. Protection and preservation of existing natural features and vistas; (Added by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91)

9. Signage and exterior lighting;

10. Visual impact of parking, storage or other outdoor service areas; (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02) (Amended 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)

11. Consistency with character and scale of surrounding buildings; and (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02) (Amended 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)

12.Energy, water and resource efficient design, through appropriate building orientation, landscaping and use of resource efficient materials and energy- and water-efficient systems. (Added by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)

Applicants are encouraged to review the Board's rules and regulations for guidance on how to satisfy the above standards. (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

1. Anyone seeking approval of a site plan shall obtain an application and checklist from the Board's Office. Prior to submitting the application, the owner of the subject property, or his or her agent, shall meet with the designee of the Board for the purpose of reviewing the application and the site plan review checklist. Depending on the nature of the application, the designee may encourage the applicant to meet with the Planning Board prior to making a formal submission of plans, to discuss site plan requirements and possible waivers. The Board may provide a set of guidelines to assist the applicant in meeting site plan, architectural, and landscaping objectives. The applicant shall submit an application and fee to the Planning Board, a copy of which application shall forthwith be filed by the applicant with the Town Clerk. Within five (5) business days of receipt by the Board or its designee, the Board shall distribute copies of the application and accompanying documentation to all appropriate Town boards, departments and commissions. Any comment by such boards, departments or commissions shall be filed with the Board within twenty (20) days of its receipt. (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

2. The Board shall hold a public hearing on the application within thirty (30) days of its receipt. Notice of the hearing shall be given by publication in a newspaper of general circulation in the Town once in each of two successive weeks, the first publication to be not less than fourteen (14) days before the date of the hearing, and by posting such notice in a conspicuous place in the Town Hall for a period of not less than fourteen (14) days before the day of such hearing. In addition, notice of said hearing shall be sent by mail, postage prepaid, to all parties in interest as specified in Massachusetts General Laws, Chapter 40A, Section II. All costs for publication and notice of the public hearing shall be borne by the applicant.

3.Within sixty (60) days of the date of filing of the application with the Town Clerk, the Board shall approve or disapprove the site plan as submitted or as amended, unless the site plan review application is submitted coincident with a Planning Board special permit application, in which case the site plan review submission shall be acted upon within the same time period as the special permit application. If the Board does not approve or disapprove the site plan within this period, the site plan shall be deemed approved. If the Board votes to disapprove, the applicant shall be notified in writing and the specific reasons for disapproval shall be stated. (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02) (Amended by 10/17/05 Special Town Meeting; approved by Attorney General 12/12/05)

A formal applications for site plan review shall contain at least the following exhibits and information:

1. A fully executed and signed copy of the application for site plan review.

2. Eight (8) copies of a site plan stamped by a professional engineer, surveyor or landscape architect and drawn at a scale sufficient to allow review of the items listed under the proceeding general standards, but at not greater than fifty (50) feet to the inch for that portion of the total tract of land being proposed for development, and showing the following:

a. Owner's name, address and signature;

b. Names and addresses of all abutting property owners;

c. Locus map showing general location of the site within the Town;

d. Boundary of the entire parcel held in common ownership by the Applicant regardless of whether all or part is being developed at this time;

e. The bearings and distances of all property lines;

f. Zoning classification(s) of the property and the location of zoning district boundaries if the property is located in two (2) or more zoning districts;

g. The location of all existing and proposed buildings with all setbacks;

h. The location, size, and type of all signs and exterior lighting;

i. The lot area of the parcel and street frontage;

j. The location of all existing and proposed buildings (including size and height), driveways, sidewalks, parking spaces, loading areas, open spaces, trees of 6" caliper or greater, open drainage courses, signs, exterior lighting, service areas, easements, and landscaping;

k. The approximate location of all buildings, intersection roads, and driveways within the two hundred (200) feet of the parcel;

l. A storm water drainage plan showing:

(1) The existing and proposed method of handling storm water run-off;

(2) The direction of flow of the run-off through use of arrows;

(3) The location, elevation, and size of all catch basins, drywells, drainage ditches, swales, retention basins, and storm sewers; and

(4) Engineering calculations used to determine drainage requirements based upon a ten (10) year storm frequency;

m. Existing and proposed topography of the site at one (1) foot contour intervals; and

n. A plan showing all provisions for water supply and wastewater disposal including the size and location of all piping, holding tanks, leach field, etc.

o. An elevation plan of all proposed buildings, including proposed building materials and facade treatment. (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

p. Location of wetlands, streams, water bodies, areas subject to flooding and unique site features such as specimen trees, viewsheds from public ways, eskers and other glacial features, and historic buildings and sites. (Added by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

3.Copies of any proposed or existing easements.

The Board may require the posting, prior to approval of any plan, of security in such form as permitted by Massachusetts General Laws Chapter 4 1, Section 8 1 U, and in such amounts as are deemed by the Board as being reasonably necessary to ensure completion of all improvements required as conditions of approval of such plan.

The Board may engage the services of a technical consultant(s) to review any site plan when it believes professional review is necessary to accomplish the purpose of this section. The costs for any professional review (other than Town staff review) shall be borne by the applicant. Costs shall be reasonable and in conformance with the Special Municipal Accounts Procedure outlined in the Planning Board's Site Plan Review Application Checklist. (Amended by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91)

The Board may waive, by an affirmative vote of three (3) out of five (5) members, any of the preceding requirements, or any of the dimensional, parking or screening requirements of this bylaw, if it feels that the strict compliance with this section will, because of the size or special nature of the proposed building or structure, create an undue hardship on the applicant and not be in the public interest. (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

1 .Site plan review approval granted under this Section shall lapse within two years of the date of approval if a substantial use thereof has not sooner commenced. Such approval may, for good cause, be extended by the Planning Board upon the written request of the applicant, provided that any application for extension is submitted before the two years have expired.

2.Except as described in 3. below, no final occupancy permit shall be issued for any building or structure, or portion(s) thereof, until:

a. The Building Inspector receives certification from a registered architect, engineer or land surveyor, that all construction, including utilities, has been done in accordance with the approved site plan; and

b. The Building Inspector verifies that all conditions of the approved site plan have been met.

3.Occupancy permits may be issued for a portion of any building or structure, if the only incomplete work shown on the site plan is landscaping and/or roadway top course, and surety in an amount approved by the Planning Board is posted to ensure that the incomplete landscaping and/or roadway top course is completed within a reasonable time. The Planning Board may allow surety to be posted for site work in addition to landscaping and the roadway top course, if an unusual or unexpected event prevents the applicant from completing the site work.

All accessways, parking areas, fences, walls, landscaping, lighting, drainage, and waste disposal areas shall be adequately maintained and repaired or replaced wherever and whenever necessary to insure continued compliance with the approved site plan.

Accessways, parking areas, and pedestrian walkways shall have adequate lighting for security and safety reasons. Lighting shall be energy-efficient and arranged and shielded so as to prevent glare from the site shining onto abutting properties and into the sky. (Amended 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)

Site landscaping shall conform to the requirements of Section VI. E. as well as the requirements of this Section. The minimum total square feet of landscaping for any project approved under this Section shall be twenty (20%) percent of the total impervious surface of the proposed project. The calculated square footage shall be marked clearly on the submitted site plan. Landscaping shall be provided in the following areas of the site:

1. foundation plantings at entry and at building facade facing roadways;

2. parking lot interior (such as planting islands);

3. screening parking areas, loading areas, rubbish removal bins, and outside storage, if applicable; and

4.street line plantings, and perimeter lot line plantings, where applicable.

To the extent feasible or practicable, landscaping should be designed in an environmentally sensitive manner with non-invasive drought tolerant plants, so as to reduce irrigation needs and heating and cooling needs. (Amended by 10/15/07 Special Town Meeting; approved by Attorney General 1/23/08)

To request a modification to an approved site plan, an applicant shall submit to the Planning Board a written description of the proposed modifications. Modified site plans will, in most instances, be subject to the same submittal, review and hearing procedures as was the original filing. If the Board determines that a particular modification is not significant and is consistent with the previously approved site plan, the Board may decide not to hold an additional public hearing.

The Board shall adopt an application form, checklist, and regulations to assist applicants in complying with these provisions. (Amended by 10/22/90 Special Town Meeting; approved by Attorney General 1/14/91) (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)

Any appeal of the decision of the Planning Board under this section shall be governed by Massachusetts General Laws, Chapter 40A, Section 17. (Amended by 10/15/01 Special Town Meeting; approved by Attorney General 2/19/02)