Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 3.00 - Site Plan Approval
Section 3.02 - Requirements
Universal Citation: 974 MA Code of Regs 974.3
Current through Register 1518, March 29, 2024
(1) Site Plan Approval is required when a proposed project involves one or more of the following:
(a) Construction of a new
building, regardless of land use;
(b) Extension or increase in the area of a
nonconforming use in an existing building;
(c) Construction or expansion of a parking
lot, structure, or loading dock;
(d) Construction of an ancillary building
on-site (denoting use for storing equipment, maintenance supplies, and similar
items, or for housing building systems equipment), if the building contains
more than 800 square feet of gross floor area;
(e) Construction of a project that will
result in changes to the existing land surface area of 10% or more of the lot
size, or that will disturb one acre or more. This includes disturbances of less
than one acre that are part of a larger common plan of development that will
disturb one acre or more; and
(f)
Construction or improvement(s) of streets and/or roads in conjunction with
residential developments.
(2) Submission Requirements. When the Site Plan is submitted with other Unified Permit components, submission of duplicate information shall be minimized. Specific submission requirements shall be established by the Director during the scoping session prior to the pre-permitting conference. An Applicant for Site Plan review shall file the following:
(a)
A completed Permit Submission form.
(b) The required Administrative and Peer
Review Fee.
(c) Seven copies of the
Site Plan, unless another number of plans has been specified by the Director. A
digital copy of the Site Plan and all supporting information shall also be
provided, in a format approved by the LUA.
(d) A list of abutters, certified if abutters
are not located in Devens and a sketch plan showing the proximity of the
abutters to the site.
(e)
Stormwater management design and accompanying drainage calculations and
Stormwater Operations and Maintenance Plan prepared by an Engineer in
accordance with
974 CMR 3.04(4)
and
974 CMR
4.08: Stormwater
Management.
(f) Request
for Determination of Applicability (RFD) or a Notice of Intent (NOI) shall be
submitted in accordance with Article XII of the bylaws, and
974 CMR 1.05:
Level Two Review.
(g) Copies of all existing Easements,
covenants, restrictions and Institutional Controls applying to the
lot.
(h) Soil suitability tests and
analysis.
(i) A list of Waivers
requested by the Applicant, identified as Waivers of Submission and Plan Form
and Contents requirements or Design Standards, with the applicable section of
the Regulations clearly identified or a statement that no waivers are being
requested.
(j) Copy of any variance
applying to the land, granted or filed concurrently with the Site
Plan.
(k) A narrative demonstrating
compliance with the Reuse Plan and By-laws meeting the specifications of
974
CMR 1.03(4)(c):
Statement of Consistency with Reuse Plan and Bylaws.
(l) If proposed by the Applicant, a plan for
the phasing of the construction of the required improvements, including a
description, schedule, and plan showing the location of each phase.
(m) A written statement of compliance with
the Devens Open Space and Recreation Plan (DOSRP) and the
Devens Main Post Trails report dated July 2001, to determine
the effects, if any, of proposed development on Resource Areas, proposed trail
Rights-of-way, active and passive recreation areas, and other amenities
included in the DOSRP.
(n) If an
Applicant proposes parking lot construction phasing, a written statement
demonstrating that the portion to be constructed is sufficient for the needs of
the users of the proposed structure, comparing the number of spaces required by
the By-laws to the number the Applicant believes are adequate, written
certification that no building or permanent accessory structure will be placed
on the area reserved for additional parking spaces, and a draft covenant that
the parking will be built when the DEC determines it is required.
(o) An estimate of the number of vehicle
trips daily and for the morning and evening peak periods (trip generation rates
shall be based on the ITE Trip Generation Manual most recent
edition, and, if applicable, data about similar developments in Massachusetts)
and a description of traffic mitigation measures proposed including traffic
management plans, trip reduction methods, and car/vanpooling preferential
parking. The LUA may require a traffic study. In all cases, Applicants shall
provide a written statement agreeing to participate in the Devens
Transportation Demand Management Program (TDM) to reduce single occupancy
vehicle trips and promote alternative forms of transportation.
(p) An erosion and sedimentation control plan
as per
974 CMR 3.04(4)
and the Devens Stormwater Pollution
Prevention Plan.
(q) A landscape
treatment maintenance and water management plan as per
974 CMR
3.04(8)(m).
(r) A narrative demonstrating compliance with
the Industrial Performance Standards.
(s) The sustainable sites section of US Green
Building Council LEED Green Building Rating System Checklist (
http://www.usgbc.org/ ) most recent version, the remainder of the completed
checklist to be submitted when the building permit application is submitted.
For residential projects, Applicants shall submit a completed copy of the most
recent version of the LEED for Neighborhood Development Checklist (all sections
at time of application).
(t)
Building elevations or perspectives of those portions of the building visible
from Streets and residential and open space zoning districts showing the
general appearance, massing, building materials, proposed colors, and
relationship to abutting premises, and, prior to the Public Hearing, the design
review letter from Mass Development.
(u) Building design review materials and if
located within the Viewshed District, viewshed impact analysis.
(v) All Slope Resource Areas as identified in
974 CMR 3.08:
Appendix B: Figures (13) and Figure
M within the proposed plan area shall be shown on the site
plan.
(w) Climate change
mitigation, adaptation and greenhouse gas emissions mitigation measures in
accordance with the requirements of
974 CMR
4.11: Greenhouse Gas
Mitigation.
(x)
Residential projects shall comply with the applicable provisions of
974 CMR
2.04: Level Two Plan -- Definitive
Subdivision, 2.06: Implementation of an Approved Definitive
Subdivision Plan, 2.07: Design Standards and 5.00:
Residential, and include the following:
1. Location and proposed uses of Open Space
and a narrative demonstrating compliance with the DOSRP.
2. List the number of single, two-family, and
multi-family dwelling units, whether they are rental and or for sale, and the
number of bedrooms for each dwelling unit.
3. Show on a plan, the location of each type
of dwelling unit.
4. Provide model
drawings of all housing styles.
5.
List the number and style of Moderate-income dwelling units and show where they
will be located.
6. Provide a
narrative and plans of methods (including traffic calming measures) to be used
to foster the creation of a universal design, pedestrian and bike-friendly
community, to control truck and nonresident traffic through the development,
and to control vehicle operating speeds at or below the design speed
limit(s).
(y) All project
submittals subject to DEC review shall require the stamp and signature of a
registered Professional Engineer in the Commonwealth of Massachusetts
certifying that the project complies with the requirements of
974 CMR
3.04(4), Stormwater
Management Design Standards, and
974 CMR
4.08: General: Stormwater
Management.
(3) Plan Form and Contents.
(a)
Surveying and Drafting Plan
Requirements. The Site Plan shall be 24" x 36" and at a scale of
1" = 40', unless an alternative scale is authorized by the Director. The Site
Plan must comply with
974 CMR
2.04(3): Form and
Content of Way and Profile Plans, and conform to the Registry of Deeds
requirements for recording. The Site Plan must also show:
1. The names and addresses of the record
owner of the land and the Applicant and the name, seal, and address of the
designer, Engineer, Surveyor, and registered landscape architect who made the
plan, all of which shall appear in the lower right-hand corner.
2. The name of the development, scale, date
of plan, and legend.
3. A locus
plan indicating the general location of the site in relation to all adjacent
and nearby roads, railroads, and waterways.
4. Ties from the development site to the
nearest town and county bounds if within 1000' of the site. Bearings and curve
data/distances of all lot lines, names of all adjoining property owners as they
appear in the most recent tax list, and the location of Easements,
Rights-of-way, and public and private ways.
5. Devens Parcel ID number, if
available.
6. Topography for the
entire site in 2' intervals with contours and principal elevations of
significant existing and proposed features related to the National
Geodetic Vertical Datum (NGVD) of 1929. Existing contours shall be
shown as dashed lines and, along with all other existing features, shall be
screened. Proposed contours are to be shown as solid lines.
7. A space for the DEC's endorsement of the
Site Plan by a majority of the members of the DEC on the front sheet and space
for the chairperson or designee to sign all other sheets.
8. Lines of existing abutting streets and
roads showing drainage and driveway locations and curb cuts.
9. Surveyed property lines showing distances
and monument locations, all existing and proposed Easements, Rights-of-way,
utilities and other encumbrances, the size of the entire parcel, and the
delineation and number of square feet of the land area to be
disturbed.
(b)
Administrative Plan Requirements. The Site Plan shall
also include:
1. Zoning district(s) and any
boundary of zoning districts within the site, along any existing or proposed
lot line, or within 50'.
2. The
location, dimensions (including height), and general use of all existing and
proposed buildings and structures to remain, including ground coverage, gross
floor area, open area uses, and other facilities and improvements. Location of
buildings existing on the site to be developed and on adjacent land under the
same ownership within 500' of the lot line, indicating whether existing
buildings are to be retained, modified or removed.
3. A statement noting the area of the site,
the percentage of the site to be covered by impervious surfaces (such as
buildings and parking areas), the area to be devoted to open space, the area to
be paved for streets, roads, parking, driveways, loading spaces, and sidewalks,
the number of proposed parking spaces and the number required by the bylaws,
the number of employees expected per shift, and the gross floor area of each
proposed (commercial, industrial, office, or other) use. This data shall be
tabulated to show the relationship of the required versus the proposed
quantities.
4. Existing and
proposed Front, Side, and Rear Yard setback dimensions.
5. Driveways, parking lots and loading docks,
showing entrances and exits designed for safe ingress and egress, curb cuts,
layout of parking spaces, aisles, off-street loading facilities, pedestrian
walks, bicycle racks or storage facilities, handicap ramps, and representative
cross-sections of service and parking areas and driveways.
6.
Landscape
Treatment.
a. Existing and
proposed landscape features such as street trees, fences, walls, planting
areas, wooded areas, and walks. Scattered trees to be preserved shall also be
shown as well as all "specimen trees" (trees exceeding a minimum caliper of 12"
within 100' of existing or proposed lot lines have been identified and
indicated on the plan. All existing landscape features, especially existing
trees and woodland to remain, shall be shown on ALL site plan sheets, such as
site preparation and demolition, layout, grading, utilities, and erosion
control, as well as planting plans. landscaping plans, planting plans, planting
detail sheets, landscape maintenance plans, and planting specifications shall
be prepared by a landscape architect registered in the Commonwealth of
Massachusetts and shall bear the seal and signature of the registered landscape
architect who prepared them.
b.
Planting plans shall indicate the locations of proposed street, road and site
lighting, even if site lighting is shown elsewhere on a separate plan and
designed by separate consultant. Planting plans shall also include details and
locations for walks, walls, and fences including dimensions, materials, and
finishes.
c. Quantities, species,
and spacing of plantings in lot setback areas, screens, parking and loading
areas, and other landscaped areas shall be shown at a minimum scale of 1"=40'.
Detail plans for areas such as landscape treatments adjacent to buildings, tree
clusters or shrub beds, landscaped islands in parking areas, or other densely
landscaped areas shall be shown at a scale of 1"=20'.
d. If an irrigation system is proposed, the
Submission shall include an irrigation plan complying with
974 CMR
8.09(11): Controls
On In-ground Irrigation Systems showing the complete layout and of all
components, complete schematic diagrams of all systems, a functional and
sequential description of all systems, and irrigation details for installation
of all components, including but not limited to piping, valves, valve boxes,
sprinkler heads, backflow preventers, automatic control systems, pumps, meters,
associated cabinets, and all appurtenances as needed.
7. Proposed means of fire equipment
access.
8. Proposed traffic
circulation systems, including the volume and proposed direction of traffic
flows into, out of, and within the site for both vehicles and pedestrians for
an average day and for peak hours.
9. Location and dimensions (including height)
of all storage facilities for equipment, material, and other like items and the
location of all aboveground and underground fuel, combustible, and flammable
liquid storage tanks greater than 250 gallons.
10. Location and dimensions (including
height) of facilities for garbage, rubbish, recycling, and other waste
collection and disposal.
11. Garage
and pedestrian entrances and exits.
12. Maximum size vehicle, including trailers,
expected to use the site after construction, by length, width, height, and
American Association of State Highway and Transportation Officials (AASHTO)
designation.
13. Location and
dimensions (including height) of existing and/or proposed freestanding signs
and the manner of illumination. All proposed signs shall conform with Article
XIII of the By-laws and
974 CMR
6.00: Sign Control.
14. Existing and proposed public and private
utilities, above and below grade, along with their type, size, and
class.
15. If the project is to be
phased, a plan for the phasing of the construction of the required
improvements, including a description, schedule, and plan of affected
areas.
16. Any additional details
that may be pertinent or required by the Director during the scoping or
pre-permitting sessions.
(c)
Industrial Performance
Standards Plan Requirements.
1.
The site lighting information shall be provided on the Site Plan, including
types of fixtures, heights, wattage, foot candle output directly under the
light source, foot candle output at the lot line, and a photometric
layout/diagram showing direction and intensity of outdoor lighting. The plan
shall also designate which lights (if any) shall remain on overnight (between
11:00 P.M. and 7:00 A.M.) to provide adequate illumination for night
operations.
12. Notes shall be
provided on the Site Plan stating:
a. Existing
or proposed use will not generate electromagnetic interference to any sensitive
receptor. Interference with the Harvard-Smithsonian radio telescope (1400-1720
MHz) is specifically prohibited.
b.
Proposed or existing use will not cause pronounced, multiple patterns of noise
or vibration nuisance to, or interfere with, any sensitive receptor.
c. Either "A Massachusetts Department of
Environmental Protection (DEP) air quality permit application has been made" or
"A DEP air quality permit is not required."
3. Locations or uses deemed by the Director
to be sensitive receptors in any given area of impact may be subject to field
identification of the receptor and/or special documentation or field data that
helps to clarify the existence or absence of subject impacts. This
documentation and data includes existing secondary data and studies, limited
field testing by the Applicant, or in the worst case scenario, retention of
additional professional consultants to conduct further testing. Specifications
for any additional information will be identified by the Director during the
pre-permitting conference and shall be incorporated in the Site Plan
Submission.
(d)
Resource Areas/Flood Plain Plan Requirements. The Site
Plan shall include:
1. All resource areas as
defined by
974 CMR 4.06:
Wetlands Protection, Federal Emergency Management Agency
(FEMA) flood plain elevations on and/or adjacent to the lot, Flood Insurance
Rate Map (FIRM) panel number, zone designation, and base flood
elevation;
2. Erosion and Sediment
Control Plan in accordance with 974 CMR 3.02(3)(e);
3. Location of all private wells on or within
200' of the boundaries of the property;
4. Location of all public and community water
supply wells on or within 1,000' of the boundaries of the property;
5. Proposed conservation restrictions and
Easements, if any;
6. For any site
plan that stores fuel, combustible and flammable liquids, as defined by
42 U.S.C. §§
6901 through 6922i, M.G.L. c. 148, and
527 CMR 9.00: Tanks
and Containers, compliance with
974 CMR
4.09: Water Resource
Protection and an addendum to the DSPCC and the location of on-site
materials and equipment for spill response in accordance with its specific
DSPCC are required.
(e)
All site plan submissions shall include an Erosion and Sediment Control Plan
containing sufficient information to describe the nature and purpose of the
proposed development, pertinent conditions of the site and the adjacent areas,
and proposed erosion and sedimentation controls. The plan shall include such
detail as is necessary to demonstrate that the proposed development will comply
with Massachusetts Department of Environmental Protection Stormwater
Management Standards, the Devens Stormwater Pollution
Prevention Plan and
974 CMR 3.04.
The Erosion and Sediment Control Plan shall also include the following:
1. Location and description of resource areas
including:
a. Watercourses and water bodies,
wetlands (including a 100' upland review area, riparian zones and all
floodplain information, including the 100-year flood elevation based upon the
most recent Flood Insurance Rate Map;
b. Existing vegetation including tree lines,
shrub layer, ground cover and herbaceous vegetation, and trees with a caliper
12" or larger, noting specimen trees and forest communities;
c. Habitats mapped by the Massachusetts
Natural Heritage & Endangered Species Program as endangered, threatened or
of special concern, estimated habitats of rare wildlife and certified vernal
pools, potential vernal pools, and priority habitats of rare species within
500' of any construction activity.
2. Existing soils (type, hydrologic group,
erodibility) and the volume and nature of imported soil materials.
3. Drainage patterns, watersheds and
sub-watersheds, with calculations of proposed land disturbance within each
sub-watershed and areas of soil to be disturbed in each watershed throughout
the duration of the proposed land disturbance activity.
4. A description of construction and waste
materials expected to be stored on-site. The Plan shall include a description
and details of controls to reduce pollutants from these materials, including
storage practices to minimize exposure of the materials to stormwater, and
spill prevention and response.
5.
Location and details of all erosion and sediment control measures with a
narrative of the construction sequence/phasing of the project, including both
operation and maintenance for structural and nonstructural control measures and
best management practices, interim grading, and material stockpiling areas in
accordance with the Devens Stormwater Pollution Prevention
Plan and Massachusetts Erosion and Sediment Control Guidelines
for Urban and Suburban Areas
http://www.mass.gov/eea/docs/dep/water/essec1.pdf ). Such narrative and
Operation and Maintenance Plan for temporary and permanent erosion control
measures during Construction, shall be included on the erosion and sediment
control plan and include, but not be limited to, the following requirements:
a. Prior to any land disturbance activities
commencing on the site, the Applicant/ contractor shall be responsible for
physically marking the limits of construction on the site with tape, signs, or
orange construction fence, so that workers understand the areas to be
protected. The physical markers shall be inspected daily and repaired as
necessary throughout the duration of the project.
b. Perimeter sediment control system shall be
installed prior to soil disturbance and maintained to contain soils on-site.
Areas outside of the perimeter sediment control system must not be disturbed,
unless the Applicant has obtained prior approval from the DEC.
c. Measures shall be taken to control erosion
within the project area. Sediment in runoff water shall be trapped and retained
within the project area and street sweeping of adjacent Streets and Roads shall
be included where necessary.
d. All
Resource Areas shall be protected from sediment.
e. Monitoring and maintenance of erosion and
sediment control measures throughout the course of construction shall be
required. Sediment shall be removed once the volume reaches ¼ to
½ the height of the erosion control.
f. Divert runoff from off-site and
undisturbed areas away from construction to minimize soil erosion and
sedimentation on and off-site. Temporarily stabilize all highly erodible soils
and slopes immediately.
g. Land
disturbance activities exceeding one acre in size shall not be disturbed
without a sequencing plan that requires stormwater controls to be installed and
exposed soils stabilized, as disturbance beyond the one acre continues. A
construction phasing plan, including erosion and sediment control plan for each
phase, shall be submitted to the DEC prior to any construction on the site.
Mass clearings and grading of the entire site shall be avoided.
h. Soil stockpiles must be stabilized or
covered at the end of each workday. Stockpile side slopes shall not be greater
than 2:1. All stockpiles shall be surrounded by sediment controls.
i. Disturbed areas remaining idle for more
than 14 days shall be temporarily or permanently stabilized.
j. Permanent seeding shall be undertaken in
the spring from March through May, and in late summer and early fall from
August to October 15th. During the peak summer
months and in the fall after October 15th, when
seeding is found to be impractical, an appropriate temporary mulch and/or
non-asphaltic soil tackifier with winter rye shall be applied. Permanent
seeding may be undertaken during the summer if plans provide for adequate
mulching and watering.
k.
Anti-tracking pad(s) shall be constructed at all entrance/exist points of the
site to reduce the amount of soil carried onto roadways and off the site. Dust
shall also be controlled at the site.
l. All slopes steeper than 3:1 (h:v, 33.3%),
as well as perimeter dikes, sediment basins or traps, and embankments must,
upon completion, be immediately stabilized with sod, seed and anchored straw
mulch, or other approved stabilization measures.
m. Temporary sediment trapping devices must
not be removed until permanent stabilization is established in all construction
areas associated with the project. Similarly, stabilization must be established
prior to converting temporary sediment traps/basins into permanent
(post-construction) stormwater management facilities. All facilities used for
temporary measures shall be cleaned and restabilized prior to being put into
final operation.
n. All temporary
erosion and sediment control measures shall be removed after final site
stabilization. Disturbed soil areas resulting from the removal of temporary
measures shall be permanently stabilized within 30 days of removal.
6. Other applicable controls
and/or information as may be required by the DEC.
7. All plans, reports and calculations
required as part of the erosion and sediment control plan must be stamped and
certified by a professional engineer.
8. Projects disturbing one acre or more are
required to obtain a Construction General Permit (CGP) from the US EPA. A copy
of the CGP must be filed with the DEC prior to issuance of a building permit
for all applicable projects.
Disclaimer: These regulations may not be the most recent version. Massachusetts may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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