summary
Introduced
01/20/2015
01/20/2015
In Committee
01/20/2015
01/20/2015
Crossed Over
Passed
Dead
07/31/2016
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)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://malegislature.gov/Bills/189/House/H1841 |
| State Bill Page | https://malegislature.gov/Bills/189/H1841 |
| Bill | https://malegislature.gov/Bills/189/H1841.pdf |
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