Article 8 Site Plan Review

Section 8.1 Establishment:

There is hereby established a Site Plan review process, which shall apply to those districts requiring review within the city of Fall River. The Planning Board is designated as the Site plan Reviewing Authority. Like subdivision control, site plan review does not afford the reviewing authority the power to reject a project that meets established criteria. In other words, any project that meets site plan review standards must be approved. A project that does not meet review standards can be approved subject to conditions or modifications imposed by the Board to bring it into compliance.

Section 8.2 Purpose:

The purposes of establishment of the site plan ordinances are:

8.2.1 To promote the health, safety and general welfare of the community.

8.2.2 To ensure adequate parking, safe and accessible pedestrian and vehicular traffic flow.

8.2.3 Minimize traffic impact on city streets.

Section 8.3 Project Requiring Approval:

8.3.1 Any business which is proposing a drive-thru.

8.3.2 Any expansion of a structure on a parcel which contains an existing drive-thru.

8.3.3 Any proposed structure containing more than 10,000 s.f. of floor area to be used for business, commercial or industrial use.

8.3.4 Any expansion of an existing commercial, business or industrial building.

8.3.5 Multiple Family Residential Developments of more than 8 dwelling units, or expansion at an existing multiple family development which will result in ore than 8 dwelling units.

8.3.6 "Expansion" shall include floor space increase of 5,000 square feet or more within a 10 year period.

Section 8.4 Application for Site Plan Approval:

8.4.1 Applicants are encouraged to meet informally with the Planning Director prior to making a formal submission of plans to discuss site plan requirements and consider possible waivers. The board may provide a set of guidelines to assist applicants in meeting site plan, architectural and landscaping objectives.

8.4.2 Each application for Site Plan Approval shall be submitted to the Planning Department by the current owner of record or his agent, accompanied by ten (10) copies of the site plan. After the reviewing board has certified receipt of the application, the applicant shall convey a copy to the City Clerk for filing.

Section 8.5 Application Fee:

All applications shall be accompanied by a certified check made payable to the order of the City of Fall River.

8.5.1 Administrative: The administrative fee shall be $150.00 for a Site Plan Review.

8.5.2 Consultant Review: If in the opinion of the Planning Board, the project requires review by a consultant the applicant will be responsible for consultant review fees. The consultant review fee shall be $600.00. If, in addition, this minimum amount is not sufficient to cover the entire cost of the review, the Planning Board shall adjust said amount. Additional payments to the consultant review account shall be made by the applicant prior to any approval.

8.5.2.1 Funds received by the Planning Board pursuant to this section shall be deposited with the City Treasurer who shall establish a special individual account for this purpose. Expenditures from this special account shall be made only in connection with the review of a specific project for which a review fee has been or will be collected from the applicant. Failure of an applicant to pay all review fees shall be grounds for denial of the application.

8.5.2.2 Review fees may only be spent for services rendered in connection with the specific project for which they are collected. At the completion of the Planning Board's review of a project, any excess amount in the account attributable to specific project, shall be repaid to the applicant or the applicant's successor in interest. The applicant must submit a written request for these funds. A final report for said account shall be made available to the applicant, upon request, or the applicant's successor in interest. For the purpose of this regulation, any person or entity claiming to be an applicant's successor in interest shall provide the Planning Board with the documentation establishing such succession interest.

8.5.2.3 Any applicant may take an administrative appeal from the selection of the outside consultant to the Zoning Board of Appeals providing that such appeal is taken within 14 days of notification of the Planning Board's appointment of the consultant. The grounds for such an appeal shall be limited to claims that the consultant elected has a conflict of interest or does not possess the minimum required qualifications as may be set by education degree in, or one related to, the field at issue or closely related field. Minimum qualifications may be changed at the Planning Board's discretion depending upon the complexity and/or importance of the proposed project. The required time limit for action upon an application by the Planning Board shall be extended by the duration of the administrative appeal. In the event that no decision is made by the Zoning Board of appeals within one month following the filing of the appeal, the selection made by the Planning Board shall stand.

Section 8.6 Contents:

The following information shall be provided by the applicant:

8.6.1 The site plan(s) shall be prepared by a Registered Professional Land Surveyor and/or Registered Professional Civil Engineer and include the following:

8.6.1.1 Shall be on standard 24' x 36' sheets, and each sheet shall be prepared at a defined scale suitable for the content of the topic covered on the sheet;

8.6.1.2 Existing and proposed topography showing two (2) foot contours, showing benchmark(s) used;

8.6.1.3 Significant land features, natural and man-made including, but not limited to, the location of wetlands, streams, bodies of water, drainage swales and areas subject to flooding;

8.6.1.4 Existing and proposed structures, including dimensions and all elevations;

8.6.1.5 Existing and proposed location(s) of loading areas, driveways, walkways, access and egress points, and the location and number of parking spaces;

8.6.1.6 Existing and proposed on-site wells, water supply systems, storm drainage systems, utilities, sites for enclosed refuse containers and location and capacity of septic systems;

8.6.1.7 Proposed landscaping plan showing the location and description of screening, fencing, plantings, significant trees and finished grade contours;

8.6.1.8 Existing and proposed signs; noting height, size, and manner of lighting (applicant may include photograph(s) and/or sketch(s));

8.6.1.9 Existing and proposed open space and/or recreation areas;

8.6.1.10 A lighting plan showing the location of all existing and proposed exterior lighting, including building and ground lighting; noting height, initial foot-candle readings on the ground and type(s) of lighting fixtures to be used;

8.6.1.11 An erosion control plan showing the location and methods to be used;

8.6.1.12 The title, date(s), north arrow and scale (1"=40', unless another scale is previously requested by the applicant and found suitable by the Planning Board;

8.6.1.13 Easements within the lot;

8.6.1.14 The amount(s) in sq. ft. of proposed building(s), impervious surface area and open space (natural and landscaped) of the lot.

8.6.2 A traffic study may be required by the Planning Board including the existing and proposed level of service of the roadways providing access to the site, the points of access and egress, parking and stacking requirements.

8.6.3 The Planning Board may request additional information or data it judges to be necessary to render its decision.

Section 8.7 Planning Board Review:

The Planning Board will transmit one copy of the site plan special permit application for review, comments and recommendations to other City Boards including but not limited to:

Building Inspector
City Engineer
Conservation Commission
Police Department
Fire Department
Department of Public Works
Water Department
Sewer Commission
Health Department

All recommendations to the Planning Board must be in writing. Failure of Boards to make recommendations within fourteen (14) days of receipt of the plans shall be deemed to be acceptance of the plan.

Section 8.8 Decision:

Unless a written request for an extension of time is submitted by the applicant and approved by the Planning Board, the Board shall render a decision within 21 days.

Section 8.9 Performance Guarantee:

As a condition of the Approval, the applicant may be required to post a bond, or other form of surety, as a safeguard for performance, and/or a penal sum in a form and amount acceptable to the Planning Board, prior to the issuance of the building permit.

Section 8.10 As-Built Plans:

To ensure compliance with the approved site plan, as-built plans shall be provided by the applicant before release of construction bond. (changed by SRPEDD staff)

Section 8.11 Waiver of Full Compliance:

Full compliance with these rules and regulations may be waived by the Planning Board, provided such waivers are deemed to serve the public interest and are not conflicting with Chapter 40A MGL. Requested waivers shall be submitted in writing at the time of the application.

Section 8.12 Conditions for Approval:

The applicant must demonstrate to the Board that the Design of the site meets the following criteria:

8.12.1 Adequate parking for employees and patrons,
8.12.2 Safe and convenient traffic flow,
8.12.3 Adequate parking for employees and patrons,
8.12.4 Safe and convenient traffic flow,
8.12.5 Adequate lighting and signage,
8.12.6 Utility services designed to city standards and
8.12.7 Handicap parking and accessibility.