974 Mass. Reg. 3.03

Current through Register 1496, May 26, 2023
Section 3.03 - Review and Decision
(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.

974 CMR 3.03