2.6 Site Plan Approval
In all instances specified in Section 4.1, Schedule of Use Regulations, indicating that Site Plan Approval is required, no special permit or Building Permit shall be issued in any case where a building is to be erected or externally enlarged and no area for parking, loading or vehicular service (including driveways giving access thereto) shall be established or changed, except in conformity with a site plan bearing an endorsement of approval by the Planning Board and other boards as deemed appropriate by the Planning Board, including the following: Building Inspector, Board of Health, Board of Selectmen, Conservation Commission, Highway Department, Fire Department, Police Department, and the Water and Sewer Commission.
2.60 General Purpose
To accomplish the purposes set forth in Section 1.0 of this by-law as to the specific goals of facilitating traffic channel-ization and control, assuring adequate drainage of surface water, protecting the environment, property values, abutting properties and visual amenities, and to facilitate the administration of the Section; no building permit or special permit for the construction, exterior alteration, relocation, occupancy or change in use of any building, structure or premises, shall be granted until the provisions of this by-law have been fulfilled.
2.61 Application
Each application for Site Plan Approval shall be submitted to the Planning Board by the current owner of record, accompanied by ten (10) copies of the site plan. The Planning Board shall, within five (5) days, transmit one copy each to the Building Inspector, Board of Health, Conservation Commission, and other appropriate boards and departments.
2.611 Exemptions from Site Plan Approval
Site plan approval shall not be required for:
(a) The construction or enlargement of any single family or two family dwelling or building accessory to such dwelling, unless located on lots that do not meet the minimum dimensional requirements of the underlying zoning district within the Infill Development Overlay District.
(b) Any building used exclusively for agriculture, horticulture or floriculture.
2.620 PROCEDURE FOR REVIEW OF THE WARE ZONING BYLAW
Said site plan shall be prepared by a Massachusetts registered professional architect, landscape architect, or a registered professional engineer, unless this requirement is waived by the Planning Board because of unusually simple circumstances, and shall show the following:
a) All property boundaries and the use and ownership of adjacent land and the location and use of any building thereon within three hundred (300) feet of the boundary of the subject property. The "Town of Ware, Assessor Maps," as amended to the date of the filing said site plan, shall be acceptable to show the information required by this paragraph.
b) All existing and proposed buildings, structures, parking spaces, driveways, driveway openings, loading areas and service areas on the subject property.
c) Provisions for screening surfacing, lighting, landscaping (including fences, wall, planting area, and walks) and signs.
d) Provisions for waste disposal, drainage, dust, erosion control and other utilities.
e) The location and direction of flow of adjacent natural waterways and all water bodies or areas classified as wetlands or buffer zones adjacent to or within the proposed subdivision shall be shown on said plan. These areas shall be determined and mapped by a wetlands biologist or other appropriate professional in conformance with the requirements of Chapter 131, the Massachusetts Wetlands Protection Act, as amended.
f) When determined necessary, the Planning Board may require a plot plan depicting topography at a level of detail determined to be appropriate upon review of the project scope.
2.621 There shall be no notice or public hearing requirements for those uses allowed by right that require Site Plan Approval. The Planning Board's final action in writing shall consist of either:
(a) Approval of the site plan based on a determination that the proposed project will constitute a suitable development and is in compliance with the standards set forth in this bylaw;
(b) Disapproval of the site plan based on a determination that the application was incomplete and insufficient or is deemed not a suitable development and is not in compliance with the standards set forth in this bylaw, or;
(c) Approval of the project subject to any conditions, modifications and restrictions which will ensure that the project meets the Standards for Review.
2.621 Period of Review
The period of review for a special permit requiring Site Plan Approval shall be the same as any other special permit and shall conform to the requirements of Chapter 40A, Section 9, "Special Permits." Specifically, a public hearing shall be held within sixty-five (65) days of the filing of a special permit application with the Planning Board. The Planning Board shall then have ninety (90) days following the public hearing in which to act.
There shall be no notice or public hearing requirements for those uses allowed by right that require Site Plan Approval. The Planning Board's final action in writing shall consist of either:
(a) Approval of the site plan based on a determination that the proposed project will constitute a suitable development and is in compliance with the standards set forth in this bylaw;
(b) Disapproval of the site plan based on a determination that the application was incomplete and insufficient information was submitted to review the proposal; or;
(c) Approval of the project subject to any conditions, modifications and restrictions which will ensure that the project meets the Standards for Review.
2.640 STORM WATER RUNOFF
For any site containing 80,000 square feet of land area or more, the peak rate of storm water runoff from the development site shall not exceed the rate existing prior to the new construction based on a 10-year design storm. The applicant shall provide the analysis, certified by a Massachusetts registered professional Engineer or professional Geologist, necessary to document the previous and proposed run-off rates. The Planning Board may authorize the use of storm water drainage facilities located off the development site and designed to serve one more lots provided it finds that:
(a) The peak rate of storm water runoff from such off site facilities does not exceed the rate existing prior to the new construction based on a 25-year design storm; and
(b) The applicant has retained the rights and powers necessary to assure that the off site storm water drainage facilities will be property maintained in good working order.
2.641 OUTDOOR LIGHTING
In the area of new construction, outdoor lighting, including lighting on the exterior of a building or lighting in parking areas, shall be arranged to minimize glare and light spilling over to neighboring properties. Except for low-level intensity pedestrian lighting with a height of less than eight feet, all outdoor lighting shall be designed and located so that:
(1) The luminaire has an angle of cutoff less than 76 degrees, and
(2) A line drawn from the height of the luminaire along the angle of cutoff intersects the ground at a point within the development site.
2.643.1 DRIVEWAY STANDARDS
All driveways in projects subject to Site Plan Approval shall be built to conform with the construction and paving standards described for public ways in the Ware Subdivision Control Regulations, or other standards adopted by the Planning Board in its rules and regulations. Common driveways shall be allowed by the Planning Board in cases where curb cuts are thereby minimized and better site planning and traffic safety is attained.
A driveway width requirement shall be set by the Planning Board within the following guidelines:
a. Minimum width of all driveways shall be twelve feet. Such minimum width shall only be allowed in cases where there is inadequate land for a greater width, or good site planning dictates the use of the minimum width.
b. Maximum width shall be no greater than that required by the Subdivision Control Regulation. Such maximum width shall only be required in cases where use of the driveway is similar to that of a public way in terms of types of vehicles, speed of vehicles and total traffic load.
c. Other considerations for driveway width shall include width of access public way, proximity to existing or proposed structures, and degree to which pavement will deter the planting and maintenance of a landscape buffer.
2.644 OPEN SPACE LANDSCAPING STANDARDS
Any landscaping on open space shall be designed to enhance the visual impact of the use upon the lot and adjacent property. Where appropriate, existing vegetation may be retained and used to satisfy the landscaping requirements. Open space areas shall be kept free of encroachment by all buildings, structures, storage areas or parking. Open space landscaping shall be maintained as open planted areas and used to: (1) ensure buffers between properties, (2) provide landscaped areas between buildings, (3) minimize the visual effect of the bulk and height of buildings, structures, parking areas, lights or signs and (4) minimize the impact of the use of the property on land and water resources.
a. In any district, where a business or industrial use abuts a residential district, a landscape buffer and/or fence designed to mitigate the impact of the business or industrial use on abutting residential districts shall be in place running along all property lines between the business or industrial use and the residential district. In cases where a public way divides the business or industrial use and the residential district, the buffer and fencing requirements may be waived by the Planning Board, if in their opinion, such fencing or buffering would interfere with the business or industrial use's operation, access or visibility to the public. The buffer shall be a minimum width of either thirty (30) feet or the required building setback distance, as described in Tables 3 and 4, Dimensional
Regulations, whichever, is smaller. The landscape buffer shall not be required in the Industrial district, but the fencing shall be required. In cases of outdoor storage of equipment or products, combined landscaping and fencing must be adequate to completely screen such storage areas from view of the residential properties. When deemed necessary by the Planning Board, the landscape buffer requirement may be increased to a width that will in the opinion of the board protect the adjoining residential properties.
(b) All parking lots and loading facilities shall be suitably landscaped to minimize their visual impact on the lot and upon adjacent property by the use of existing vegetation where appropriate and by the use of trees, shrubs, walls, fences or other landscape elements.
(c) Any parking lot containing ten (10) or more parking spaces shall include a landscaped area or areas which, in the opinion of the Planning Board, is located and designed to enhance the visual appearance of the parking or loading facility, to ensure traffic safety, and to minimize the adverse effects of the parking or loading facility on the natural environment. Such landscaped areas shall not be less in area than five percent (5%) of the total area of the parking lot and shall be in addition to any minimum open space required under Section 5.2. Any landscaping located at the perimeter of a parking lot which, in the opinion of the Planning Board, is deemed to satisfy the above standard shall not be counted as open space but may be included as part or all of the required five percent (5%) parking
lot landscaping.
(d) All parking lots shall be separated from adjacent streets by a landscaped buffer with a minimum depth of fifteen (15) feet. Such buffer shall extend the entire frontage of the lot, except for driveway curbcuts. A sidewalk may intersect this area and be counted as part of the 15' buffer. Properties in the Downtown Commercial District shall be exempted from this provision.
2.645 RESERVE PARKING SPACES
Under a Site Plan Approval Special Permit, the Planning Board may authorize a decrease in the number of parking spaces and shall have the authority to require an increase in the number of parking spaces required under Section 5.2, in accordance with the following:
2.646 The Planning Board may authorize a decrease in the number of parking spaces required under Section 5.2 provided that:
(a) The decrease in the number of parking spaces is no more than 30% of the total number of spaces required under Section 5.2. The waived parking spaces shall be set aside and shall not be intended for immediate construction. Such spaces shall be labeled as "Reserve Parking" on the site plan.
(b) Any such decrease in the number of required parking spaces shall be based upon documentation of the special nature of a use or building.
(c) The parking spaces labeled "Reserve Parking" on the site plan shall be properly designed as an integral part of the overall parking layout, located on land suitable for parking development and in no case located within areas counted as buffer, parking setback or open space.
(d) The decrease in the number of required spaces will not create undue congestion or traffic hazards.
(e) Such relief may be granted without substantial detriment to the neighborhood and without derogating from the intent and purpose of this By-Law.
2.647 If after one (1) year after the issuance of a Certificate of Occupancy the Building Inspector finds that all or any of the "Increased Reserve Spaces" are needed, the Inspector shall notify the Planning Board, in writing, of such finding and the Planning Board may require that all or any portion of the spaces identified as "Increased Reserve Spaces" on the site plan be constructed within a reasonable time period as specified by the Planning Board.
2.648 The Planning Board may require provisions for an increase in the number of parking spaces required under Section 5.2 provided that:
(a) The increase in the number of parking spaces is no more than 20% of the total number of spaces required.
Under Section 5.2 for the use in question.
(b) Any such increase in the number of required parking spaces shall be based upon the special nature of a use or building.
(c) The increased number of parking spaces shall be labeled "Increased Reserve Parking" on the site plan and shall be properly designed as an integral part of the overall parking layout, located on land suitable for parking development and in no case located within area counted as buffer or parking setback. The applicant shall not be required to construct any of the parking spaces labeled as "Increased Reserve Parking" for at least one year following the issuance of a Certificate of Occupancy. Where the "Increased Reserve Parking" area is required and the applicant has otherwise provided the number of parking spaces required under Section 5.2, the area of land reserved for the increased number of parking spaces may be deducted from the minimum open space required under
Section 2.644.
2.649 When deemed appropriate, the Planning Board shall have the authority to allow less stringent conformance with Section 2.64 than described above, if the following conditions are met:
(a) Approval to require less stringent conformance is given by both the Building Inspector and the Board of Health.
(b) The non-residential project consists of less than 5,000 square feet of floor area, and
(c) In the opinion of the Planning Board, allowing less stringent conformance with Section 2.64 will in no way avoid the purpose of Site Plan Approval.
2.65 SITE PLAN APPROVAL IMPACT STATEMENT
The following standards shall be used as additional criteria in the special permit/site plan approval process for all projects. The Planning Board shall have the authority to waive these requirements when, in the opinion of the Planning Board, the impacts on the town would not be significant. Any application for a special permit / site plan approval shall be accompanied by an impact statement which details the probable effects of the proposed development on the following aspects of concern to the Town:
1) Load on municipal utilities or future demand for them;
2) Increases in vehicular traffic and public safety;
3) Attendance at public schools;
4) Provisions of housing for Town residents and for persons of low and moderate income;
5) Increases in municipal service costs;
6) Land erosion, loss of tree cover and pollution of water;
7) Disturbance of other aspects of the natural ecology;
8) Adequate provisions for off-street parking as specified in Section 5.2.
2.66 ENFORCEMENT OF ZONING BY-LAW
2.660 If the Building Inspector shall be informed or have reason to believe that any provision of this by-law or any permit or decision thereunder has been, is being, or is about to be violated, he shall make an investigation of the facts, including the inspection of the premises where the violations may exist. Where written complaint is made to the Building Inspector, he shall take action upon such complaint within fourteen (14) days of receipt thereof and shall report such action in writing to the complainant and Planning Board. In either case, upon finding that a violation has occurred, the Building Inspector shall issue an order to cease and desist and refrain from such violation.
The Planning Board may require the posting of a bond or other adequate security to assure compliance with the site plan and conditions and may suspend any permit or license when work is not performed as required.
2.661 If after such order, such violation continues and no appeal to the Board of Appeals is taken within thirty (300 days, the Planning Board shall, upon notice from the Building Inspector, forthwith make applications to the Superior Court for an injunction or order restraining the violation and shall take such other action as is necessary to enforce the provisions of the by-law.
2.662 If after action by the Building Inspector, appeal is taken to the Board of Appeals, and after a public hearing, the Board of Appeals finds that there has been a violation or prospective violation, the Building Inspector shall issue an order to cease and desist and refrain from such violation unless such order has been previously issued. If such then continues, the Planning Board shall upon notice from the Building Inspector, forthwith make application to the Superior Court for an injunction or order restraining the violation and shall take such other action as may be necessary to enforce this by-law.
2.663 If the Building Inspector finds no violation or prospective violation, any person aggrieved by his decision, or any officer or Board of the Town may within thirty (300 days appeal to the Board of Appeals.
2.664 Any violation of the provisions of this by-law, the conditions of a permit granted under this by-law, or any decision rendered by the Zoning Board of Appeals shall be liable to a find of not more than three hundred (300) dollars for each violation. Each day such violation continues shall constitute a separate offense.
2.665 Construction or operations under a building permit or special permit shall conform to any subsequent amendment of this by-law unless the use or construction is commenced within a period of one year after issuance of the permit; additionally, in cases involving construction begun within such one year period, such construction shall be continued through to completion as continuously and expeditiously as is reasonable.
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