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Bill > H1841


MA H1841

MA H1841
To clarify site plan review


summary

Introduced
01/20/2015
In Committee
01/20/2015
Crossed Over
Passed
Dead
07/31/2016

Introduced Session

189th General Court

Bill Summary

Relative to municipal review of proposed land use or structures not requiring a special permit or a variance. Municipalities and Regional Government.

AI Summary

This bill establishes a new process for "site plan review," which refers to a municipality's official examination and approval of proposed land uses or structures that do not require special permits or variances, ensuring they comply with local zoning rules. It clarifies that cities and towns can adopt ordinances or by-laws to mandate this review by a designated authority before a building permit is issued, and this authority can set rules and fees, including those for outside consultants. The bill outlines that such ordinances must detail the submission, review, and approval process, potentially including public hearings, with decisions needing a simple majority vote within 90 days, after which plans are considered approved if no decision is made. Conditions imposed during site plan review must be necessary for compliance with zoning or to address extraordinary negative impacts on neighboring properties or public infrastructure, and denial is only permitted if the project fails to meet zoning requirements, lacks necessary information, or if adverse impacts cannot be adequately mitigated. Site plan approvals will generally lapse within two years if substantial work hasn't begun, unless extended, and decisions can be appealed through a civil action within 20 days of the decision being filed, with courts affirming the decision unless the approving authority abused its discretion. For municipalities already having site plan review, these new provisions will take effect one year after the bill becomes law.

Committee Categories

Government Affairs

Sponsors (1)

Last Action

Accompanied a study order, see H4606 (on 09/12/2016)

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