Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H1333 Compare Versions

Only one version of the bill is available at this time.

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1	1	1 of 1
2	2	HOUSE DOCKET, NO. 1934 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 1333
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Kevin G. Honan
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act facilitating site plan review.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Kevin G. Honan17th Suffolk1/19/2023 1 of 4
16	16	HOUSE DOCKET, NO. 1934 FILED ON: 1/19/2023
17	17	HOUSE . . . . . . . . . . . . . . . No. 1333
18	18	By Representative Honan of Boston, a petition (accompanied by bill, House, No. 1333) of Kevin
19	19	G. Honan relative to site plan zoning review. Housing.
20	20	[SIMILAR MATTER FILED IN PREVIOUS SESSION
21	21	SEE HOUSE, NO. 1411 OF 2021-2022.]
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act facilitating site plan review.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 40A of the General Laws, as appearing in the 2018 Official
31	31	2Edition, is hereby amended by adding the following section:–
32	32	3 Section 7A
33	33	4 (a) As used in this section, "site plan review" shall mean review and approval under a
34	34	5municipality’s zoning ordinance or by-law, by an authority other than the zoning administrator,
35	35	6of a proposed use of land or structures to determine whether a proposed use of land or structures
36	36	7is in compliance with sound site utilization principles relative to traffic circulation and safety,
37	37	8pedestrian safety and access, off-street parking and loading, emergency vehicle access, storm
38	38	9water drainage, screening, signage and exterior lighting, visual impact of parking, storage or
39	39	10other outdoor service areas, and consistency with character and scale of surrounding buildings. 2 of 4
40	40	11 (b) In addition to the home rule authority of cities and towns to require site plan review, a
41	41	12municipality may adopt a local ordinance or by-law under this section requiring site plan review
42	42	13and approval by a designated authority before a building permit is granted for the use of land or
43	43	14structures governed by a zoning ordinance or by-law. The approving authority may adopt, and
44	44	15from time to time amend, rules and regulations to implement the local site plan review ordinance
45	45	16or by-law, including provisions for the imposition of reasonable fees for the employment of
46	46	17outside consultants in the same manner as set forth in section 53G of chapter 44.
47	47	18 (c) An ordinance or by-law requiring site plan review, whether adopted under this section
48	48	19or under the municipality’s home rule authority, shall comply with the provisions of this and all
49	49	20following subsections of section 7A. The ordinance or by-law shall establish the submission,
50	50	21review, and approval process for applications. Approval of a site plan for a use allowed by right
51	51	22shall require a simple majority vote of the designated authority and shall be made within the time
52	52	23limits prescribed by ordinance or by-law, not to exceed 90 days from the date of filing of the
53	53	24application. If no decision is issued within the time limit prescribed, the site plan shall be deemed
54	54	25constructively approved as provided in section 9, paragraph 11 of this chapter. The submission
55	55	26and review process for a site plan required in connection with the issuance of a special permit or
56	56	27variance shall be conducted with the review of the application for the special permit or variance
57	57	28in a coordinated process and shall require the same quantum of vote required for approval of a
58	58	29special permit or a variance.
59	59	30 (d) Site plan review for a use allowed by right may impose only those conditions that are
60	60	31necessary to ensure substantial compliance of the proposed use of land or structures with the
61	61	32other requirements of the zoning ordinance or by-law provided, however, that any off-site
62	62	33conditions shall address solely any extraordinary direct adverse impacts of the project on 3 of 4
63	63	34adjacent properties or adjacent roadways. A site plan application for a use allowed by right may
64	64	35be denied only on the grounds that: (i) the proposed use of land or structures project does not
65	65	36meet the requirements set forth in the zoning ordinance or by-law; (ii) the applicant failed to
66	66	37submit the information and fees required by the zoning ordinance or by-law necessary for an
67	67	38adequate and timely review of the design of the proposed land or structures; or (iii) it is not
68	68	39feasible to adequately mitigate any extraordinary direct adverse project impacts on adjacent
69	69	40properties or adjacent roadways by means of suitable site design conditions.
70	70	41 (e) Zoning ordinances or by-laws shall provide that a site plan approval granted under
71	71	42this section shall lapse within a specified period of time, not less than three years from the date
72	72	43of the filing of such approval with the city or town clerk, if substantial use or construction has
73	73	44not yet begun, except as extended for good cause by the approving authority. Such specified
74	74	45period shall not include time required to pursue or await the determination of an appeal under
75	75	46subsection (f) or section 17 or to pursue or await the appeal of any other permit, license,
76	76	47determination or approval. The aforesaid minimum period of three years may, by ordinance or
77	77	48by-law, be increased to a longer period.
78	78	49 (f) Except where site plan review is required in connection with the issuance of a special
79	79	50permit or variance, decisions made under site plan review, whether made pursuant to statutory or
80	80	51home rule authority, may be appealed by a civil action in the nature of certiorari pursuant to
81	81	52section 4 of chapter 249, and not otherwise. Such civil action may be brought by a person
82	82	53aggrieved by the decision in the superior court for the county where the land is located or in the
83	83	54land court within twenty days after the filing of the decision of the site plan review approving
84	84	55authority with the city or town clerk. The issuance or denial of a building permit shall not be a
85	85	56prerequisite to the filing of such civil action under this section. All issues in any proceeding 4 of 4
86	86	57under this section shall have precedence over all other civil actions and proceedings. A
87	87	58complaint by a plaintiff challenging a site plan approval under this section shall allege the
88	88	59specific reasons why the project fails to satisfy the requirements of this section, the zoning
89	89	60ordinance or by-law, or other applicable law and shall allege specific facts establishing how the
90	90	61plaintiff is aggrieved by such decision. The approving authority’s decision in such a case shall be
91	91	62affirmed unless the court concludes that the approving authority abused its discretion under
92	92	63subsection (d) in approving the project. Appeals commenced hereunder by any party other than
93	93	64the applicant and/or property owner seeking site plan approval shall require the posting of a bond
94	94	65in an amount to be set by the court that is sufficient to cover twice the estimated: (i) annual
95	95	66carrying costs of the property owner, or a person or entity carrying such costs on behalf of the
96	96	67owner for the property, as may be established by affidavit; plus (ii) an amount sufficient to cover
97	97	68the defendant's attorney’s fees, all of which shall be computed over the estimated period of time
98	98	69during which the appeal is expected to delay the start of construction. The bond shall be forfeited
99	99	70to the property owner in an amount sufficient to cover the property owner's carrying costs and
100	100	71legal fees less any net income received by the plaintiff from the property during the pendency of
101	101	72the court case in the event a plaintiff does not substantially prevail on its appeal.
102	102	73 (g) In municipalities that adopted a zoning ordinance or by-law requiring some form of
103	103	74site plan review prior to the effective date of this act, the provisions of this section shall not be
104	104	75effective with respect to such zoning ordinance or by-law until the date one year after the
105	105	76effective date of this act.