ARTICLE THIRTEEN - SITE PLAN APPROVAL
(added at Special Town Meeting of December 9, 1997)
The purposes of site plan approval are to protect the health, safety, convenience, and welfare of the inhabitants of the Town of Raynham by providing a comprehensive review of land use and development plans to ensure that the following issues have been addressed:
a. The location of buildings, uses and other site development are properly located on a site;
b. Adjacent properties are protected from nuisance caused by noise, fumes, and glare of lights;
c. Significant natural features on a site are preserved as much as possible (i.e., hills, water bodies, wetlands, trees, tree groves, wooded areas, rock outcrops, native plants, wildlife habitats, and other areas of aesthetic and ecological interest);
d. Adequate parking, loading facilities, drainage and methods of solid waste disposal are provided on site; and
e. Pedestrian ways, access driveways, loading and parking facilities are properly designed and operated for public convenience and safety. Public or private ways are properly designed and constructed to serve the intended use and provide an adequate level of service.
f. Buildings are designed to promote the social and economic viability in order to preserve property values and promoting the aesthetic values of the town.
13.2 Projects Requiring Site Plan Approval
An applicant may simultaneously submit an application for a Special Permit or Special Permits that are required by the Planning Board together with their application for (italicized portion added at 5/21/01 A.T.M. adjourned session on 5/23/01) Site Approval. A building permit shall not be issued for any of the following, unless a site plan approval has been granted by the Planning Board (highlighted sections amended at STM of 2/9/99):
a. Any new construction exceeding twelve hundred (1200) square feet in non-residential gross floor area or any non-residential addition exceeding twelve hundred (1200) square feet. For the purposes of this section, hotels, motels, rooming houses, nursing homes, elderly care homes, etc., shall be considered nonresidential. (section amended at A.T.M. 05/15/06)
b. Any renovation or change of use which requires the addition of more parking spaces irrespective of existing parking spaces or the relocation of existing parking spaces, the relocation of the building entrance and/or the relocation of the site entrance to accommodate the renovation or change of use. (highlighted portion added ATM 5/29/03)
c. Any multi-family buildings in excess of two (2) family units.
d. The construction of parking spaces for non-residential uses on any surface greater than four hundred (400) square feet will require site plan approval. (section added at A.T.M. 05/15/06)
e. The conversion of a residential property either vacant or occupied to a non-residential use willl require site plan approval. (section added at A.T.M. 05/15/06)
f. Large-scale ground-mounted photovoltaic installations. (added at S.T.M. 10/29/12)
Note: The Planning B oard may determine the project is subject to an abbreviated site plan approval in
accordance with Planning Board Rules & Regulations Governing the Issuance of Site Plan Approval as most
recently amended. (section added at A.T.M. 05/15/06)
a. Any person desiring approval of a site plan shall first obtain an Application for Site Plan Approval from the Planning Board office. Prior to filing a Site Plan Application, the applicant is encouraged to review the proposed site plan with the Town departments, boards, and commissions listed on the application. The purpose of this pre-filing review is to give the applicant advice and comments prior to submitting a Site Plan Application and thus avoid unnecessary time and cost to the applicant due to unforeseen problems and issues with a submitted site plan.
b. At the time of filing, the applicant shall submit eleven (11) copies of a completed Site Plan Application and eleven (11) copies of the Site Plan, conforming to all requirements listed in the Zoning By-laws, together will all pre-filing comments received, to the Planning Board. The Planning Board agent will file a copy of the Site Plan application and a copy of the Site Plan with the Town Clerk. Site Plans will be circulated by the Planning Board agent to the Fire, Police, Planning, Inspector of Buildings, Sewer, Water, Highway Departments, Conservation Commission, and the Board of Health. Municipal reviewers must respond in writing within 15 days or it shall be deemed said department has no comment(s). Additionally, the comments shall be available to the applicant and the public. For large-scale ground-mounted photovoltaic installations the applicant shall instead follow the Site Plan Review application and plan requirements set forth in Article 19, Section C (2). (highlighted portion added at S.T.M. 10/29/12)
Any application shall be filed in accordance with the Planning Board Rules and Regulations as most recently amended.
All Site Plans shall be prepared in compliance with the Raynham Zoning Bylaws and the Planning Board Rules and Regulations as most recently amended.
13.6 General Conditions of Approval:
In considering a site plan under this Section, the Planning Board shall assure, to a degree 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:
a. protection of adjoining premises against seriously detrimental or offensive uses on the site;
b. convenience and safety of vehicular and pedestrian movement within the site, and in relation to adjacent streets, property, or improvements;
c. adequacy of the methods of disposal for sewage, refuse, and other wastes resulting from the uses on the site, and the methods of drainage for surface water from its parking spaces and driveways;
d. adequacy and safety of storage facilities/methods for fuel, refuse, vehicles and other material and equipment incidental to the use of the site;
e. provision for emergency access and operations within the site;
f. provision for off-street loading, unloading, and parking of vehicles incidental to the normal operation of the establishment.
The Planning Board shall have the power to require that technical data and study results be provided by the applicant to support the site plan and resulting findings.
a. Final action on the site plan shall be taken by the Planning Board after a public hearing has been held and within sixty (60) days of its submission to the Planning Board. A note shall be placed on the plan stating, “The above endorsement is not a determination as to compliance with zoning regulations.”
b. Failure of the Planning Board to act within the above-prescribed sixty (60) days shall be deemed an approval and the Planning Board shall forthwith make such endorsement on said plan, and on its failure to do so, the Town Clerk shall issue a certificate to the same effect.
c. One (1) copy of the approved site plan, signed by the Planning Board, shall be forwarded to the Building Inspector within five (5) days of final Planning Board action.
d. No permanent occupancy permits shall be issued for any building or structure, or portion(s) thereof, until:
1. The Planning Board receives an As-Built plan prepared by a Professional Land Surveyor along with certification from a Registered Professional Engineer that all construction (including utilities) has been done in accordance with the approved site plan; and
2. The Planning Board or the Planning Board’s designated agent verifies that the site plan and any conditions of the approved site plan have been met. (highlighted portions amended at S.T.M. of 11/20/00)
3. For multi-family developments that contain multiple buildings where the developer wishes to seek permanent occupancy permits for each building separately, the Planning Board may authorize the issuance of a permanent occupancy permit for a building provided that the information contained in items 1. and 2. above has been provided and that proper surety and engineer peer review funding are in place for the remaining work. In this case, the Planning Board also reserves the right to request that the developer present a phasing plan of the development to ensure that the project is built in a logical and appropriate sequence. (added S.T.M. 10/27/14)
e. Temporary occupancy permits may be issued for a portion of any building or structure, provided security is posted for the remaining work. The security shall be posted with the Town Treasurer in the form of a certified check or bank check. No portion of the security posted shall be returned until issuance of the final occupancy permit. The amount to be set by the Planning Board or Planning Board’s designated agent. The time to complete such outstanding work will be a part of the Temporary Occupancy Permit. The amount of time to complete said work shall be within reason, which will be determined by the Planning Board or Planning Board’s designated agent. (amended at A.T.M. of 05/21/12)
a. The Planning Board shall establish and may periodically amend rules and regulations relating to the administration of this section, including additional regulations relating to the scope and format of reports required hereunder.
b. The Planing Board shall establish and may periodically amend a schedule of fees for all applications under this section. No application shall be considered complete unless accompanied by the required fees.
c. The Planning Board shall be responsible for deciding the meaning or intent of any provision of this section which may be unclear or in dispute.
All access ways, parking areas, fences, walls, landscaping, lighting, drainage, and waste disposal areas shall be adequately maintained by the property owner or the lessee and repaired or replaced wherever and whenever necessary to insure continued compliance with the approved site plan.
13.11 Modifications to Approved Site Plans:
a. In the event a modification is made to an approved site plan, the applicant shall submit to the Planning Board a written description of the proposed modifications and eleven (11) copies of a revised site plan showing such modification. Modified site plans will, in most instances, be subject to the same review and hearing procedures as was the original filing.
b. However, for small and insignificant modifications, the Planning Board may determine that a particular modification does not warrant an additional public hearing. Such a determination shall be made only after written request and eleven (11) copies of the plan showing the modifications have been submitted to and reviewed by the Planning Board. A determination that a modification will not require a public hearing shall be made by the Planning Board. A determination that a modification will not require a public hearing shall be made by the Planning Board within twenty-one (21) days of receipt of the written request and plans, and only after the Planning Board has found that the proposed modification is not significant and is consistent with the previously approved site plan. A copy of the determination and revised plan shall be filed with the Town Clerk, Building Inspector, and Engineering. Failure by the Planning Board to act on the request for determination of a modification within twenty-one (21) days shall be deemed as approved.
Any person aggrieved by a decision of the Planning Board under Article 13 may appeal said decision in accordance with M.G.L. Chapter 40A, Section 17.