Code of Massachusetts Regulations
974 CMR - DEVENS ENTERPRISE COMMISSION
Title 974 CMR 3.00 - Site Plan Approval
Section 3.03 - Review and Decision
Universal Citation: 974 MA Code of Regs 974.3
Current through Register 1531, September 27, 2024
(1) Review. The DEC shall follow 974 CMR 1.04: Level One Review to review a Site Plan.
(2) Review Criteria. The DEC shall approve a Site Plan if it meets the following criteria:
(a) The Site Plan complies with
974 CMR
3.00 and with the applicable provisions of the
By-laws.
(b) The development lies
on a Lot that is or will be recorded at the Registry of Deeds.
(c) The Submission is Complete.
(d) All streets and roads, driveways, parking
lots, loading areas, paths, and sidewalks, are designed to provide for safe
multi-modal travel in accordance with
974 CMR
2.07: Design Standards, the
Americans with Disabilities Act of 1990 (ADA) and 521 CMR:
Architectural Access Board.
(e) Access and site circulation enables
prompt fire, police, and emergency response.
(f) Adequate capture and discharge of
stormwater and surface water runoff and compliance with applicable portions of
the Devens Stormwater Pollution Prevention Plan has been
achieved
(g) Connections with
utility, power and communication systems available in the abutting
infrastructure have been made.
(h)
Applicable facilities required under the Water Resources Protection By-law and
the related Design Standards have been included.
(i) Landscape Treatment Design Standards for
plant materials, planting strips, screening, and preservation of existing
specimen trees and wooded areas have been met.
(j) A DEP wetlands Order of Conditions has
been issued or determined not required.
(k) Applicable Industrial Performance
Standards have been adhered to.
(l)
Sufficient parking for current needs has been provided.
(m) Adequate traffic mitigation and control
measures have been proposed.
(n)
Participation in the Devens Transportation Management Initiative has been
agreed to.
(o) Adequate water
supply exists in terms of quantity, quality, and water pressure for commercial
and/or domestic needs and fire protection and the use of potable water for
irrigation has been minimized to the maximum extent feasible.
(p) Connection to sanitary sewers has been
made.
(q) Building design meets the
minimum standards as established by MassDevelopment for the district in which
the lot is located.
(r) Soil
testing indicates that the soils are capable of supporting proposed
development.
(s) The development
has been designed with due consideration for public health.
(t) Adequate climate change mitigation,
adaptation and greenhouse gas emissions mitigation measures have been
incorporated in accordance with
974 CMR
4.11: Greenhouse Gas
Mitigation.
(3) Conditions. The DEC may impose conditions so that the Site Plan complies with the Review Criteria and 974 CMR 3.04. Conditions the DEC might impose include:
(a)
The completion and installation of the proposed improvements within a period
specified by the DEC or agreed to by the Applicant.
(b) The extension of water, sewer, and
drainage systems to the undeveloped land abutting the site to allow for future
connection with the public systems.
(c) Measures to ensure compliance with earth
removal provisions in
974 CMR 4.07:
Earth Removal.
(d)
Measures to ensure compliance with any Institutional Controls located within
the boundary of the site.
(e)
Construction of offsite improvements involving the extension and/or
modification of street and/or road utility or drainage systems beyond the
site.
(4) After approval of the Site Plan, the Applicant shall supply a reproducible mylar for endorsement, along with a copy of the Site Plan in digital format for the DEC records. Proof of recordation and as-built plans may also be required.
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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