Massachusetts H 1289: An Act facilitating site plan review

Bill Text

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HOUSE DOCKET, NO. 3723 FILED ON: 1/18/2019
HOUSE . . . . . . . . . . . . . . . No. 1289

The Commonwealth of Massachusetts
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PRESENTED BY:
Kevin G. Honan
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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act facilitating site plan review.
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PETITION OF:

NAME: DISTRICT/ADDRESS: DATE ADDED:
Kevin G. Honan 17th Suffolk 1/18/2019
Mike Connolly 26th Middlesex 2/1/2019
Marjorie C. Decker 25th Middlesex 1/31/2019
Patrick Joseph Kearney 4th Plymouth 1/31/2019
Alice Hanlon Peisch 14th Norfolk 1/31/2019
Aaron Vega 5th Hampden 1/18/2019

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HOUSE DOCKET, NO. 3723 FILED ON: 1/18/2019
HOUSE . . . . . . . . . . . . . . . No. 1289
By Mr. Honan of Boston, a petition (accompanied by bill, House, No. 1289) of Kevin G. Honan
and others relative to site plan zoning review. Housing.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-First General Court
(2019-2020)
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An Act facilitating site plan review.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:

1 SECTION 1. Chapter 40A of the General Laws, as appearing in the 2014 Official
2 Edition, is hereby amended by adding the following section:–
3 Section 7A
4 (a) As used in this section, "site plan review" shall mean review and approval under a
5 municipality’s zoning ordinance or by-law, by an authority other than the zoning administrator,
6 of a proposed use of land or structures to determine whether a proposed use of land or structures
7 is in compliance with sound site utilization principles relative to traffic circulation and safety,
8 pedestrian safety and access, off-street parking and loading, emergency vehicle access, storm
9 water drainage, screening, signage and exterior lighting, visual impact of parking, storage or
10 other outdoor service areas, and consistency with character and scale of surrounding buildings.
11 (b) In addition to the home rule authority of cities and towns to require site plan review, a
12 municipality may adopt a local ordinance or by-law under this section requiring site plan review

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13 and approval by a designated authority before a building permit is granted for the use of land or
14 structures governed by a zoning ordinance or by-law. The approving authority may adopt, and
15 from time to time amend, rules and regulations to implement the local site plan review ordinance
16 or by-law, including provisions for the imposition of reasonable fees for the employment of
17 outside consultants in the same manner as set forth in section 53G of chapter 44.
18 (c) An ordinance or by-law requiring site plan review, whether adopted under this section
19 or under the municipality’s home rule authority, shall comply with the provisions of this and all
20 following subsections of section 7A. The ordinance or by-law shall establish the submission,
21 review, and approval process for applications. Approval of a site plan for a use allowed by right
22 shall require a simple majority vote of the designated authority and shall be made within the time
23 limits prescribed by ordinance or by-law, not to exceed 120 days from the date of filing of the
24 application. If no decision is issued within the time limit prescribed, the site plan shall be deemed
25 constructively approved as provided in section 9, paragraph 11 of this chapter. The submission
26 and review process for a site plan required in connection with the issuance of a special permit or
27 variance shall be conducted with the review of the application for the special permit or variance
28 in a coordinated process and shall require the same quantum of vote required for approval of a
29 special permit or a variance.
30 (d) Site plan review for a use allowed by right may impose only those conditions that are
31 necessary to ensure substantial compliance of the proposed use of land or structures with the
32 other requirements of the zoning ordinance or by-law provided, however, that any off-site
33 conditions shall address solely any extraordinary direct adverse impacts of the project on
34 adjacent properties or adjacent roadways. A site plan application for a use allowed by right may
35 be denied only on the grounds that: (i) the proposed use of land or structures project does not

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36 meet the requirements set forth in the zoning ordinance or by-law; (ii) the applicant failed to
37 submit the information and fees required by the zoning ordinance or by-law necessary for an
38 adequate and timely review of the design of the proposed land or structures; or (iii) it is not
39 feasible to adequately mitigate any extraordinary direct adverse project impacts on adjacent
40 properties or adjacent roadways by means of suitable site desi