|
PROPOSED RULES AND REGULATIONS FOR SITE PLAN APPROVAL
DRAFT7/11/05 |
|
PROPOSED RULES AND REGULATIONS FOR SITE PLAN APPROVAL
DRAFT7/11/05 |
SITE PLAN RULES AND REGULATIONS TABLE OF CONTENTS
SECTION
1. GENERAL PROVISIONS..................................................................................................................... 1
1.1 Purpose................................................................................................................................................................ 1
1.2 Authority.......................................................................................................................................................... 1
1.3 Applicability.................................................................................................................................................... 1
1.4 Waivers............................................................................................................................................................... 1
1.5 Amendments.................................................................................................................................................... 1
1.6 Effective
Date................................................................................................................................................. 1
SECTION II. SITE PLAN PROCEDURES................................................................................................................. 2
2.1 Site Plan
Submission Requirements................................................................................................... 2
2.2 Site Plan
Filing................................................................................................................................................ 3
2.3 Referrals........................................................................................................................................................... 4
2.4 Procedures........................................................................................................................................................ 4
2.5 Public
Meeting................................................................................................................................................. 4
2.6 Decision............................................................................................................................................................... 4
2.7 Fees........................................................................................................................................................................ 4
SECTION III. DESIGN STANDARDS........................................................................................................................ 5
3.1 Parking
Requirements............................................................................................................................... 5
3.2 Driveway and
Circulation..................................................................................................................... 6
3.3 Traffic Standards...................................................................................................................................... 6
3.4 Landscaping
and Buffers........................................................................................................................ 6
3.5 Erosion Control........................................................................................................................................... 7
3.6 Storm Water
Drainage and Management................................................................................... 7
3.7. Siting and
Appearance Guidelines.................................................................................................... 7
3.8 Sidewalks and
Walking Paths............................................................................................................ 8
3.9 Utilities and
Lighting................................................................................................................................. 8
3.10 Pollution and
Hazardous Materials.......................................................................................... 8
3.11 Storage Tank Vaulting and Monitoring................................................................................... 8
3.12 Fill
Materials and Stump Burials.................................................................................................. 8
3.13 Fire Safety
and Protection.................................................................................................................. 8
SECTION IV. ADMINISTRATION............................................................................................................................. 9
4.1 Bonding................................................................................................................................................................ 9
4.2 Permit Lapse..................................................................................................................................................... 9
4.3 As Built
Plans................................................................................................................................................. 9
APPENDIX A.................................................................................................................................................................... i
APPENDIX B............................................................................................................................................................... viii
SITE PLAN APPROVAL
RULES AND
REGULATIONS
Adopted:
Site Plan Approval Rules and Regulations are hereby adopted to establish the procedures and requirements for submitting site plans; and to notify applicants of the review criteria for site plans.
Under the authority vested in the Planning Board of the Town
of
Any development requiring Site Plan Approval shall comply with the provisions of these Rules and Regulations. In accordance with the Site Plan Review Bylaw, if there is a question about whether a project requires Site Plan Review, the Planning Board shall determine if Site Plan Approval is required for a proposed development.
A waiver of strict compliance from these Rules and Regulations may be granted if the Planning Board determines that such a waiver is in the public interest and not inconsistent with the intent and purpose of these Rules and Regulations and the Westminster Zoning Bylaw. All requests for waivers shall be submitted in writing with the site plan application. All requests shall identify the provision or provisions of the regulations from which relief is sought. The request shall also include a statement explaining why the applicant thinks that granting a waiver would be in the public interest and not inconsistent with the purpose and intent of these Rules and Regulations and the Zoning Bylaw.
These Rules and Regulations may be amended by a majority vote of the Planning Board at a regularly scheduled meeting after a public hearing duly advertised once in a paper of general circulation in the Town of Westminster no less than seven days prior to the date of the public hearing.
The effective date of any amendment to the Site Plan Rules and Regulations shall be the date these Regulations and any such amendments are filed with the Westminster Town Clerk.
All Site Plans shall be prepared by a registered architect, landscape architect, or professional engineer. All Site Plans shall be on standard 24" by 36" sheets, be prepared at a scale of 1" = 40 ', with continuation on 8 1/2" by 11" sheets as necessary for written information. Items required for submission include the following:
§ The project name, north arrow, date, scale, name and address of record owner and applicant, engineer, architect and their proper seals of registration. Names of all abutters within 300 feet of the site boundaries as determined from the latest tax records. If the property owner is not the applicant, a statement of consent from the property owner should be included with the application.
§ Existing and proposed topography at a minimum contour interval of two feet, including all wetlands and the 100' buffer, streams, water bodies, drainage swales, areas subject to flooding, significant trees, historic features, and unique natural land features.
§ The dimensions of the lot, the frontage, location and footprint of all structures, existing and proposed, total area of buildings in square feet, parking areas, service areas, adjacent ways, streets and driveway openings within 300 feet of the site boundaries.
§ The location and description of all proposed septic systems, water supply, storm drainage systems, utilities, and refuse and other disposal methods.
§ Landscape Plan showing planting areas, signs, fences, walls, walks and lighting, both existing and proposed. Location type, and screening details for all abutting properties and waste disposal containers.
§ The location, height, size, materials, and design of all proposed signage.
§ The location height, intensity, and bulb type of all external lighting fixtures, the direction of illumination, and methods to reduce glare onto adjoining properties.
§ Location and description of proposed open space and recreation areas.
§ A locus plan at the scale of 1" = 200'. A table of information showing how the plan conforms to the Zoning Bylaw.
§ The location of zoning districts, and overlay zoning districts within the locus of the plan.
§ Building elevation plans at a scale of 1/4" = 1' showing elevations of all proposed buildings and structures and indicating the type and color of materials to be used on all facades.
§ Evaluation of Impact on Water Resources. The applicant shall submit such materials on the measures proposed to prevent pollution of surface and ground water, erosion of soil, excessive runoff of precipitation, excessive raising or lowering of the water table, or flooding of other properties. The evaluation shall include the predicted impacts of the development on the aquifer, if applicable, and compare the environmental impacts to the carrying capacity of the aquifer.
§ Evaluation of Impact on Landscape. The applicant shall submit an explanation, with sketches as needed, of design features intended to integrate the proposed new buildings, structures and plantings into the existing landscape to preserve and enhance existing aesthetic assets of the site, to screen objectionable features from neighbors and public areas.
§ Evaluation of Traffic Impacts. The applicant shall submit an evaluation of the development's impact on the existing traffic network. The evaluation shall include: a.) The projected number of vehicle trips to enter and depart the site shall be estimated for an average day and peak hours; b.) The projected traffic flow patterns for both vehicular and pedestrian access, including vehicular movements at all intersections likely to be affected by the proposed development; c.) The impact of traffic upon existing streets in relation to levels of service and road capacities; and d.) The proposed mitigating measures. The traffic study requirement may be waived by the Planning Board if the proposed use will not generate more than 75 vehicle trips per day.
§ Environmental Impacts of the proposed development during the construction phase of development. Corrective and protective measures such as construction sequencing and dust and erosion control, which will be taken, as part of the project, to minimize adverse impacts shall be described in detail.
§ The proposed use or uses of the site, ie retail, office or storage, number of employees, and maximum seating capacity (where applicable).
The Site Plan Application (Appendix A) and a copy of the Site Plan shall be filed by the petitioner with the Town Clerk. A copy of the application including the date and time of filing certified by the Town Clerk shall be filed forthwith by the petitioner with the Planning Board. Applications shall be filed with eight (8) additional prints of the plans. A Site Plan submission shall be deemed complete before a public meeting is scheduled. If the application is incomplete the applicant shall be notified within 15 days.
Upon receipt of the Site Plan application, the Planning Board shall transmit one copy each to the Conservation Commission, the Board of Appeals, the Building Inspector, the Selectmen, the Police Chief, the Fire Chief, the Director of Public Works and any other department the Planning Board deems appropriate. Such agency shall, within 25 days of receiving such copy, report to the Planning Board about their concerns and questions. Agencies may recommend conditions or remedial measures to accommodate or to mitigate the expected impacts of the development. All boards and departments are expected to provide a written response even if only to say they have no comments. The Planning Board shall not render a decision until it has received all Board reports or said 25 days has elapsed.
Site Plan Approval shall be obtained before the applicant applies for a building permit. If a development requires both a Board of Appeals Special Permit and Site Plan Approval, it is recommended that the applicant obtain Site Plan Approval before applying for a Special Permit.
Within 35 days after the filing of a complete Site Plan Review Application, the Planning Board will schedule a Site Plan Review meeting at a properly posted Planning Board meeting.
A decision regarding the site plan shall be rendered within thirty (30) days of the close of the public meeting. The Planning Board shall notify the applicant in writing of its decision. The decision of the Planning Board shall be upon majority vote of those present. The required time limit for filing a decision may be extended by written agreement between the applicant and the Planning Board.
Filing Fees. A Filing Fee in accordance with the most recent Planning Board Fee Schedule shall be submitted with the Site Plan. Failure to submit the fee at the time of submitting the application, shall be deemed an incomplete application. Currently, the Filing Fee for Site Plan Review is no charge for preliminary plan; then $100 application fee plus $250 for projects up to 10,000 square feet. or $500 for projects over 10,000 square feet plus consultant review fees.
Consultant Review Fees. In addition to Filing Fees which are fees to cover administrative costs, the Board may also require Consultant Review Fees. When reviewing a site plan application, or when conducting inspections in relation thereto, the Board may determine that the assistance of outside consultants is warranted. The Board may require the applicant to pay a "Consultant Review Fee" at the time of submission or at any time in the review process. The fee will consist of the reasonable costs incurred by the Board for the employment of outside consultants engaged by the Board to assist in the review of a proposed project.
In hiring outside consultants, the Board may engage engineers, planners, lawyers, urban designers or other appropriate professionals, at the sole cost and expense of the Applicant, who can assist the Board in analyzing a project to ensure compliance with all relevant laws, bylaws, and regulations. Such assistance may include, but not be limited to, analyzing an application, monitoring or inspecting a project or site for compliance with the Board's decision or regulations, or inspecting a project during construction or implementation.
Funds received by the Board pursuant to this section shall be deposited with the town treasurer who shall establish a special account for this purpose. Expenditures from this account may be made at the discretion of the Board without further appropriation. Expenditure from this special account shall be made only for services rendered in connection with a specific project or projects for which a project review fee has been or will be collected from the applicant. Accrued interest may also be spent for this purpose. Failure of an applicant to pay a project review fee shall be grounds for denial or revocation of the permit.
At the completion of the Board's review of a project, any excess amount in the account, including interest, attributable to a specific project shall be repaid to the applicant or the applicant's successor in interest. A final report of said account shall be made available to the applicant or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be the applicant's successor in interest shall provide the Board with documentation establishing such succession in interest.
Any applicant may take an administrative appeal from the selection of outside consultants to the Board of Selectmen. Such appeal must be made in writing and may be taken only within 20 days after the Planning Board has mailed or hand-delivered notice to the applicant of the selection. The grounds for such an appeal shall be limited to the claims that the consultant selected has a conflict of interest or does not possess the minimum required qualifications. The minimum qualifications shall consist either of an educational degree in, or related to, the field at issue or three or more years of practice in the field at issue or a related field. The required time limit for action upon an application by the Board shall be extended during the administrative appeal. In the event that the Board of Selectmen does not render a decision within 30 days following the filing of an appeal, the Planning Board's selection shall stand.
The total number of parking spaces shall be determined by §205-27 - §205-33 of the Zoning Bylaw.
A safe and convenient driveway and circulation system shall be provided for each development. The following guidelines shall apply:
§ Entrance and exit driveways shall be located to maximize sight distances where the proposed road meets an the existing way.
§ Entrance and exit driveways shall be located to maximize the distance from existing and proposed access connections of adjacent properties.
§ Where it is necessary to safeguard against hazards to traffic and pedestrians and/or to avoid traffic congestion, provision shall be made for turning lanes, traffic directional islands, sidewalks, and traffic controls within the streets.
§ Parking aisles shall be separated from site circulation routes.
§ Where topographic and other conditions warrant, shared access driveways are encouraged on lots with similar existing or potential uses.
§ There shall be no more than one driveway connection from any lot to any street, except when separate entrance and exit driveways may be provided where necessary to safeguard against hazards and to avoid congestion; and additional driveway connections may be provided, particularly for, but not limited to, large tracts and uses of extensive scope, if traffic flow in the street will be facilitated by the additional connection.
Proposed uses shall not degrade the existing levels of service of surrounding roads and intersections, below Level of Service (LOS) D, based on peak-hour traffic volumes. When the existing LOS is below LOS D, the proponent shall propose mitigation to maintain or improve performance indicators. Traffic information shall be submitted by a registered Traffic Planner/Engineer.
The site shall be landscaped with native tree, shrub and grass species. Street trees, 2" caliper diameter breast high (dbh) or larger, shall be planted along the entire frontage of the lot at one tree for each 40 feet of frontage. Landscaping shall be set back from entrance and exit ways to allow for safe exiting sight distances. For a list of preferred and discouraged landscaping materials see Appendix B.
Parking areas shall be screened from the public road and adjacent properties. Large parking areas containing 25 or more parking spaces shall be subdivided with landscaped islands. Adjacent properties shall be screened by trees and vegetation. Exposed storage areas, machinery, HVAC equipment, service areas, dumpsters, truck loading areas, utility buildings and structures shall be screened from view from adjacent properties and streets by dense evergreen plantings, earthen berms, walls, or fences complimented by evergreen plantings.
In the case where an industrial or commercial building abuts residentially zoned property or land used for residential purposes, the Planning Board may require that the front/side or setbacks be landscaped to minimize disturbance to residential areas.
All landscaped areas shall be maintained in a healthful condition. Trees and shrubs that die shall be replanted during the next growing season. This requirement shall apply for two years following the date of initial or replacement planting.
Erosion and soil sedimentation of streams and water bodies shall be minimized by using the following erosion control practices:
§ The development shall be designed to fit the physical characteristics of the site, including the topography, soils and natural drainage systems;
§ Once construction activities are underway, the amount of area and duration of exposure shall be kept to a minimum;
§ Temporary erosion control measures such as hay bales or fabric filters shall be used during construction;
§ Exposed or disturbed areas due to stripping of vegetation, soil removal, and regrading shall be permanently stabilized within six months of occupancy.
§ Permanent vegetation and mechanical erosion control measures shall be installed as soon as possible after construction ends.
All site plans shall conform to the drainage requirements specified in the Rules and Regulations Governing the Subdivision of Land. Increases in run-off shall be recharged on site by being diverted to vegetated surfaces for infiltration, or through the use of detention ponds. Dry wells shall be used only where other methods are infeasible and shall require oil, grease, and sediment traps to facilitate removal or contaminants prior to discharge to the ground. All drainage structures shall be maintained on a regular basis.
Buildings, parking and other structures shall, to the extent possible, be located to protect and preserve unique natural areas, wetlands, wetlands buffers, rare and endangered plant species, rare or endangered animal habitat, trees with 15 inch dbh or greater, historic features, and flood plain areas.
Buildings should be compatible with the prevailing historical architectural styles in the town and should relate to such architecture in terms of character, scale and building materials. Proposed buildings should relate harmoniously to each other. Buildings should be located to preserve and complement natural, historic and scenic areas, and to reduce the visual impact of the buildings from adjacent properties.
Where determined necessary by the Planning Board, sidewalks shall be provided along the site's road frontage. Walking and foot-paths are encouraged in all developments. Walking and foot-paths may be constructed using alternative pavement materials such as stone dust. Sidewalks may be constructed with pavers, stamped concrete or other alternative surfaces than bituminous concrete if approved by the Planning Board.
All utilities shall be located underground. Lighting shall conform to the Westminster Zoning Bylaws.
Where applicable, the applicant shall maintain a hazardous materials plan on file with the Fire Chief. The purpose of the plan is to assist the Town with necessary information in the event of a spill, fire, or other emergency and to ensure compliance with the Zoning Bylaws.
If heating oil, gasoline, kerosene, diesel fuels, or any
chemicals are to be used and stored underground on the site, they shall be contained
in a holding tank. The tank shall be
vaulted and equipped with an automatic monitoring system to detect any leakage
from the tank.
The applicant shall provide assurances that no potential groundwater contaminants are included in any fill materials used in site preparation. Stump burial is considered a waste dump activity and as such requires a permit from the Board of Health.
Fire and emergency vehi
