Ashburnham City Zoning Code
PART 5
Special Requirements
5.1.1 Accessory buildings.
[Amended 5-2-2023 ATM by Art. 27]
A detached accessory building with a footprint up to 1,200 square feet in area, including air-supported, air-inflated, membrane-covered cable and membrane-covered frame structures, may only be erected in the side or rear yard of a lot which already contains a principal building, not on an empty lot. It shall be erected not less than 10 feet from any side lot line, five feet from any rear lot line, six feet from the principal building, and shall not be located within the required front setback of the zoning district in which it is located. The only exemptions to the front setback requirement are for signs erected in conformance with Section 5.2 Signs and temporary farm stands in conformance with § 3.1.2 Schedule of Use Regulations. In no case shall accessory buildings cover more than 30% of the total required rear yard area. Accessory buildings larger than 1,200 square feet shall follow the dimensional regulations for principal buildings for the zoning district in which it is located. Also see Zoning § 4.1.2 Schedule of Dimensional Regulations.
5.1.2 Minimum residential floor area.
No multifamily dwelling shall be erected, reconstructed, remodeled or altered so that the floor area of living space shall be less than 450 square feet per apartment of one bedroom or less and 600 square feet per apartment of two bedrooms or more.
5.1.3 Use of transportable structures for habitation.
[Added 5-2-2023 ATM by Art. 27]
No person shall occupy any recreational vehicle, camper, motor home, or other structure which is designed to be transportable, for the purpose of living, sleeping, cooking or eating therein, unless it is either located within a permitted and inspected campground or it has been issued a temporary permit from the Board of Health in accordance with Ashburnham Board of Health Regulations and State Sanitary Code 105 CMR 410. Also see Zoning § 1.3.1 Definition of Recreational Vehicle, and Section 5.6 Mobile Homes and Mobile Home Parks.
5.2.1 Purpose.
Under authority of the General Laws, the Town of Ashburnham adopts this chapter for the regulation and restriction of signs and other outdoor, visual advertising devices on public ways, on private property within public view, in public parks, and in playgrounds. The purpose of these sign regulations are to encourage the effective use of signs as a means of communication in the Town; to maintain and enhance the aesthetic environment of the Town; to encourage the Town's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; and to minimize the possible adverse effect of signs on nearby public and private property.
5.2.2 Definitions.
A sign relating in its subject matter to the premises upon which it is located or to the primary products, accommodations, services, or activities upon the premises.
A sign that uses movement, moving images or changes of lighting to depict action or create a special effect or scene.
The area of a sign shall be determined by measuring the area within the perimeter which forms the outside shape of display elements from the top of the highest display elements to the bottom of the lowest display elements and from exterior side to exterior side of display elements, including in such measurement any blank or open area between display elements. Display elements include any letters, words, trademarks, logos, and symbols. Any frame around the sign shall be included in the measurement, but the measurement shall not include any supporting structure or bracing. Any such measurement shall be taken on only one face of the sign, although informational or advertising matter may be displayed on both sides of any permitted sign.
A sign in excess of 200 square feet in area and located on a lot, building or roof but unrelated to a business or profession conducted, to a service offered or to a commodity sold upon the premises where such sign is located.
A single store, office, research facility, manufacturing facility, or noncommercial establishment, or similar location for a single activity.
A group of five or more businesses which collectively have a name different from the name of any of the individual businesses and which have common private parking and entrance facilities.
A sign which lists the tenants or occupants of a premises and may indicate respective professions.
A sign supported by uprights, braces, structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure, including pole signs, ground signs and sandwich signs.
A freestanding sign in contact with, or within six inches of, the ground surface.
An accessory sign 50 or more years old that is structurally safe, or any other sign designated by an accredited historic association or governmental agency to have historical significance.
A sign that has characters, letters, figures, designs, or outlines illuminated by electric lights or luminous tubes.
An informational sign, no larger than two square feet, which has a purpose secondary to the use of the premises on which it is located, such as "loading only," "no parking," "entrance," "telephone," "credit cards accepted," "open," "closed," "back in one hour" and other similar directives.
The duly appointed Inspector of Buildings for the Town of Ashburnham, local inspector, or any alternate inspector who meets the qualifications set forth in 780 CMR 107.3.
A single area of land in one ownership with definite boundaries as described on a recorded deed or recorded plan.
A projecting sign attached to or hung from a marquee, canopy or other covered structure, projecting from and supported by the building and extending beyond the building wall, building line or street line.
A freestanding sign elevated more than six inches above the ground surface by a supporting structure.
A sign not securely anchored to the ground or to a building or structure and which obtains some or all of its structural stability with respect to wind or other normally applied force by means of its geometry or character, or a sign designed to be transported, including, but not limited to, posters, sandwich signs, temporary signs, balloons, flags used as signs, banners, streamers, pennants, umbrellas used for advertising, wheeled signs, signs on portable letter boards, and signs mounted on, attached to or painted on vehicles parked and visible from a public right-of-way.
A sign no more than eight square feet in area printed on cardboard, paper or other similar nondurable material and not permanently attached to the ground, a building or other permanent structure. Said sign shall include, but not be limited to, the advertising of goods and services that are weekly or monthly specials, or other types of temporary specials. Said signs shall comply with the setback provisions of § 5.2.3I herein.
A single residence, building or place of business.
A sign attached directly to a building wall, and which extends more than 15 inches from the face of the wall, including, without limitation, so-called shingle signs, marquee signs and signs on canopies and awnings.
An A-frame, T-frame or menu sign.
Any fabricated sign or outdoor display structure, including its structure, consisting of any letter, figure, character, mark, point, plane, marquee sign, design, poster, pictorial, picture, stroke, stripe, line, trademark, reading matter or illuminating device, constructed, attached, erected, fastened or manufactured in any manner whatsoever so that the same shall be used for the attraction of the public to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever, and displayed in any manner to advertise, identify, or communicate information of any kind to the public. All such devices, fixtures, placards and structures visible from a public right-of-way, whether on the exterior or interior of a building, shall be considered signs.
The boundary of the public right-of-way and private property, although the way may not have been constructed to its full width or although less than its full width is open or devoted to public travel.
A sign constructed of cloth, fabric, vinyl, paper, plywood, or other light temporary material not well suited to provide a durable substrate, with or without a structural frame, intended for a limited period of display and not permanently mounted, including a decoration display for holidays or public demonstrations, poster, other paper or cardboard sign, flag, banner, streamer, pennant, string of lights, or string of pennants.
A sign on exterior windowpanes of glass or placed inside an exterior window or mounted inside the window and intended to be visible from the exterior of the window.
5.2.3 General requirements and prohibitions.
A.
Abandoned signs. Any sign which has been abandoned or which advertises a business no longer conducted at the premises shall be removed within 30 days of abandonment or cessation of such business.
B.
Accessory signs. Signs solely advertising brand names or products sold at the premises shall not be considered accessory signs, unless such brand name products constitute the majority of products sold at the premises.
C.
Freestanding signs. The top of a freestanding sign shall not exceed in height the lesser of (a) 25 feet above grade or (b) five feet higher above grade than the distance from the base of the pole to the street line. A freestanding sign shall not be placed within five feet of the street line or lot line of the premises (or, if the distance between a building on the premises and the lot line or street line shall be less than 10 feet, 1/2 of such distance), nor within the setback required by the Zoning Bylaw, if any. If a pole sign shall be within 10 feet of a street line, it shall have a minimum clearance of 10 feet between grade and the bottom of the sign.
D.
Illuminated signs. No sign shall be internally illuminated except "Open" signs displayed in the Business and Commercial Districts during the hours such business or entity located on the premises is open. Such signs shall not exceed three square feet and may only employ lights emitting a constant intensity. No sign shall be illuminated by a flashing, intermittent, rotating, or moving light or lights.
E.
Marquees. The changeable copy of marquee signs shall contain only advertising or information for current or upcoming events. Each marquee shall be constructed to meet the following requirements:
(1)
It shall be equipped with gutters and conductors for the purpose of draining water toward the building to which it is attached, and shall not discharge ice, water or snow onto the street or the walk;
(2)
If such marquee shall be glazed, it shall be glazed with wire glass not less than 1/4 of an inch in thickness and be safely supported; and
(3)
It shall safely support its own weight plus a superimposed load of 30 pounds per square foot, equally distributed, in addition to any concentrated load to which it may be subjected.
F.
Moving signs. Rotating signs, animated signs, rotating beacons, and otherwise moving signs shall be prohibited.
G.
Number of signs. The total number of signs shall not exceed five per premises.
H.
Pole signs. When calculating square feet of signs for purposes of maximum square footage allowed by this chapter, the actual square footage of pole signs shall be multiplied by 125%. Pole signs shall be limited to one per lot, regardless of the number of tenants. No pole sign shall be constructed within 50 feet of another pole sign.
I.
Portable signs. Portable signs shall be prohibited, except (a) those painted or affixed to a duly registered motor vehicle, provided that such vehicle is not continuously parked in one location for a period in excess of two weeks and is used in the day-to-day operation of the business conducted at the premises at which such vehicle is parked, (b) temporary signs otherwise in compliance with this chapter, and (c) sandwich signs otherwise in compliance with this chapter and all regulations of the Department of Public Services.
J.
Posters. Posters shall not be placed closer than five feet from the lot lines or street line (or, if the distance between a building on the premises and the lot line or street line shall be less than 10 feet, 1/2 of such distance) and are otherwise subject to the same restrictions as other temporary signs.
K.
Projecting signs. Projecting signs (except those on marquees, canopies and awnings) shall not extend more than five feet over the public right-of-way. Marquee signs and projecting signs on canopies and awnings shall not extend more than eight feet over the public right-of-way. Projecting signs shall not be closer than three feet to the curbline. No portion of any projecting sign (or such marquee, canopy or awning on which it is located) shall be lower than 10 feet above grade. All canopies and awnings shall comply with other applicable bylaws and regulations.
L.
Roof signs. No sign shall be placed on a building above the eave line or gable, hip, or gambrel; above the parapet or eave on a flat or deck roof; on any part of or above the mansard portion of a mansard or French-style roof; or on any part of or above the roof portion of an A-frame structure.
M.
Sign posts. Sign posts and supports shall not contain lettering.
N.
Signs for multiple businesses. Freestanding signs containing signs for more than one business in a commercial zone shall not exceed 80 square feet in the aggregate and shall only contain signs of consistent and uniform coloring, lighting, lettering and other characteristics.
O.
Structural condition. All signs shall be maintained in a good repair, in good structural condition and in compliance with all building and electrical codes. No sign shall be erected so as to obstruct any door, window or fire escape.
P.
Temporary signs. Temporary signs (other than posters) shall not be displayed for more than 60 continuous days. Posters shall not be displayed for more than 90 continuous days. If any premises shall have any temporary signs displayed for more than 90 days in any calendar year, all such signs at such premises shall not be considered temporary signs for the purposes of this chapter. Temporary signs, including posters, must be removed promptly when the event advertised is concluded.
Q.
Traffic sight lines. No sign shall be erected so as to constrict traffic sight lines for drivers or pedestrians. A freestanding sign shall not be placed within the triangle formed by connecting the point at the intersection of any street lines with the points on each street line 20 feet from such intersection.
R.
Traffic signs. No sign, except as otherwise provided in this chapter, shall use the words "stop," "danger," or any other word, phrase, symbol, or character that might be misconstrued as a public safety warning or traffic sign.
S.
Trees, etc. No sign shall be permitted on trees, light poles, telephone poles, or street identification signs.
T.
Window signs. Window signs shall not exceed in aggregate square feet 60% of the total square footage of the window or glass door on which they are located.
5.2.4 Exemptions.
A.
Flags. Governmental flags and governmental insignia, any other flag not in excess of 15 square feet.
B.
For sale signs. "For Sale" or "For Rent" signs, not exceeding (a) eight square feet in aggregate area per premises in a nonresidential district or (b) six square feet in aggregate area per premises in a residential district and which advertise for sale or for rent only the premises upon which the sign is located. Such signs shall be removed promptly when the advertised sale or rental is concluded.
C.
Historic signs.
D.
Historical markers. Historical markers erected or placed by an accredited historical association or governmental agency.
E.
Identifying signs. Signs which bear only house numbers, post box numbers, names of residents, or identification of premises and not exceeding two square feet in area per premises.
F.
Incidental signs.
G.
Information and directional signs. Informational, directional, traffic or warning signs erected or required by governmental agencies or bodies, including signs directing traffic to hospitals, parking areas, highways, cultural institutions and commercial areas.
H.
Legal notices. Legal notices and identifications not exceeding two square feet in area, including "No Trespassing" and "No Hunting" signs.
I.
Memorial signs. Memorial signs, plaques, or tablets.
K.
Vending machine signs. Permanent signs on vending machines, gas pumps, ice containers or similar devices indicating only the contents of such devices.
5.2.5 Requirements applicable to specific districts.
[Amended 12-5-2023 STM by Art. 10]
A.
Districts. For the purpose of this chapter, the districts as established on the Town of Ashburnham Zoning Map, as amended from time to time, are hereby adopted by reference.
B.
Signs permitted in residential districts with permits from the Inspector of Buildings and payment of a fee.
(1)
Subdivision signs. One sign advertising any real estate development or subdivision.
(2)
Nonresidential use in residential district. One unlighted accessory sign per premises advertising a permitted nonresidential use in a residential district (other than permitted home occupations), not to exceed 12 square feet in area.
(3)
Up to two nonflashing signs, not to exceed six square feet in area per sign, pertaining to a permitted accessory use on the premises.
C.
Signs permitted in business, industrial and commercial districts with permits from the Inspector of Buildings and payment of a fee.
(1)
Sign limits. Each entity in a business or industrial district shall be allowed one or more accessory signs which shall not exceed 80 square feet in the aggregate, provided that a business with frontage on two or more streets shall be allowed an additional accessory sign or signs directed toward such additional street or streets which shall not exceed 50 additional square feet in the aggregate. Each entity in the Village Center Commercial District shall be allowed one or more accessory signs which shall not exceed 64 square feet in the aggregate, provided that a business with frontage on two or more streets shall be allowed an additional accessory sign or signs directed toward such additional street or streets which shall not exceed 32 additional square feet in the aggregate.
(2)
Frontage limits. The combined surface area of all signs on any premises in a Business, Industrial or Commercial District shall not exceed four square feet in the aggregate per linear foot of frontage of the face of the building or of the lot on which such signs are located, whichever is greater.
(3)
Business center signs. In addition to other signs allowed to individual businesses, a business center shall be allowed one common accessory sign for each approved curb cut or driveway. Signs for any individual business on such common business center sign shall be consistent with the business center sign with uniform colorings, lighting, lettering and other characteristics.
(4)
Sandwich signs. Sandwich signs shall be allowed in Business, Industrial and Commercial Districts. Sandwich signs shall not exceed 12 square feet in area per sign and shall not exceed one square foot in the aggregate per lineal foot of frontage of the face of the building or of the lot on which such signs are located, whichever is greater. Sandwich signs must be within 15 feet of the advertised premises and must relate in subject matter to accommodations, services or activities upon the advertised premises.
(5)
Projecting signs. Projecting signs shall be allowed in Business, Industrial, and Village Center Commercial Districts only. Only one projecting sign shall be allowed per premises, and shall be allowed only instead of, not in addition to, any permitted freestanding signs. Projecting signs shall not exceed 15 square feet in area and shall not exceed one square foot of sign area per lineal foot of frontage of the face of the building or of the lot on which such sign is located, whichever is greater, except that marquee signs shall not exceed 50 square feet on each surface. No projecting signs shall obstruct the visibility of an adjacent sign. Projecting signs shall require the posting of a bond as set forth in § 5.2.6C.
(6)
"Open" flags. "Open" flags shall be allowed in Business, Industrial and Commercial Districts. One flag shall be allowed per premises, in good repair, no larger than six square feet in area, displayed only while the business conducted at the premises is open.
D.
Signs permitted without a permit from the Inspector of Buildings. The following signs are allowed as provided below without a permit from the Inspector of Buildings, payment of a fee or posting of a bond.
(1)
Home occupations. Home occupations located in a residential district, one accessory sign per premises not to exceed two square feet advertising a permitted home occupation.
(2)
Directory signs.
(3)
Entryway signs. Signs on an entryway to the Town, not to exceed either (a) one sign per entryway per organization/individual not to exceed two square feet in area each or (b) one sign per entryway for all organizations/individuals not to exceed 12 square feet in area; all such signs subject to applicable regulations of the Department of Public Works.
(4)
Directional signs. Directional signs for the purpose of giving directions to a particular destination, not to exceed two square feet in area, and subject to applicable regulations of the Department of Public Works.
(5)
Temporary signs. Temporary signs not to exceed 12 square feet in aggregate area per premises in a residential district and not to exceed 50 square feet in aggregate area per premises in a nonresidential district.
5.2.6 Permit process.
A.
Appeals. Any person aggrieved by reason of his inability to obtain a permit from the Inspector of Buildings, and any person aggrieved by any order or decision of the Inspector of Buildings in violation of any provision of this bylaw or Chapter 40A of the General Laws, may appeal such decision to the Zoning Board of Appeals (ZBA) in accordance with the provisions for appeals set forth in § 6.4 of these Zoning Bylaws, and Chapter 40A of the General Laws.
B.
Applications. For all signs requiring a permit, the owner of the premises (or owner's authorized agent) shall apply to the Inspector of Buildings for the issuance of a sign permit on such application form as shall be acceptable to the Inspector of Buildings. All applications shall indicate the size, location, lighting, building materials and specifications for each proposed sign. The Inspector of Buildings shall be responsible for the review of the application, issuance of the sign permit, and enforcement of the provisions of this chapter. The Inspector of Buildings shall act upon a completed sign application within 45 days of its receipt. Each permit issued under the provisions of this chapter shall continue in effect until the sign is removed or the sign permit is revoked, canceled or otherwise terminated. The granting of a sign permit shall not relieve the owner or operator from procuring any permit or license required by any other provision of law, including but not limited to applicable provisions of the Town's bylaws.
C.
Bonds. Projecting signs require the posting of a bond with the Inspector of Buildings, satisfactory to the Town Counsel as to form, and in the penal sum hereinafter set forth, duly executed by the applicant and a surety company qualified to do business in the commonwealth, conditioned to indemnify the Town against any and all claims (including the cost of a trial) for personal injuries, consequential damages, and death, or damage to property resulting from the placing, construction, or maintenance or removal of such sign, and further conditioned to pay all judgments obtained against the owner or operator of the premises upon or to which the sign is to be placed, or against any person subsequently becoming the owner or operator of such premises, or the owner of such sign, or liable for its proper maintenance, by reason of personal injuries or damage to property resulting from the placing, construction or maintenance or removal of such sign.
(1)
Amount.
(b)
Such bond or one similar in effect and amount shall be maintained in force for each such sign as long as it is maintained or until permission is given by the Inspector of Buildings to release or discharge the same. The failure to maintain such bond in force shall automatically terminate the sign permit under which such sign was erected and maintained.
(2)
A liability insurance policy may be provided in place of such a bond, subject to the following requirements:
(a)
Such a liability policy shall be issued by an insurer authorized to do business in the commonwealth and evidenced by an insurance certificate which shall require that the certificate holders be notified in writing at least 30 days in advance of any cancellation or nonrenewal of the policy;
(b)
The applicant shall annually furnish to the Town certificate(s) of insurance showing coverage as set forth above;
(c)
The Town of Ashburnham shall be named as an additional insured on the liability insurance policies and so identified on the insurance certificate(s); and
(d)
The certificate holders shall be the Town Administrator and the Town Treasurer, 32 Main Street, Ashburnham, Massachusetts 01430.
D.
Enforcement. The Inspector of Buildings is authorized to enforce the provisions of this bylaw and order the repair or removal of any sign and its supporting structure which, in the Inspector's judgment, is dangerous, in disrepair or which is maintained contrary to this chapter. The owner of the premises shall be responsible for reimbursing the Town for all expenses of removing and disposing of any abandoned or dangerous sign or sign in disrepair or maintained contrary to this chapter.
E.
Exceptions. Any person seeking a sign not in conformity with this chapter may request a special permit for an exception to this bylaw from the ZBA. The ZBA shall establish applications and written procedures as it deems necessary pursuant to § 6.4 of these Zoning Bylaws.
F.
Fees. Sign permit applications may be subject to a reasonable fee which shall be established by the Inspector of Buildings.
G.
Special permits.
(1)
The ZBA may grant a special permit for an exception to this bylaw where compliance with the provisions contained herein pose practical difficulties or unnecessary hardships to the applicant:
(a)
Where the Board finds that compliance is impractical or poses a hardship, including an economic hardship or a design issue due to difficulties that are peculiar to the premises, the land or the building(s), the business or the person requesting the special permit, resulting from conditions which do not exist generally throughout the zoning district; and
(b)
Upon due consideration of any competing interests, the public benefits intended to be secured by this bylaw, the individual hardships that will be suffered by the failure of the ZBA to grant the special permit, and the compatibility of the proposed sign with its surroundings, including but not limited to abutting properties.
[1]
No demonstration of a hardship shall be required for a special permit for temporary signs in connection with conventions, celebrations, parades or other special events.
(2)
Provided that no special permit shall be granted that results in aggregate signage on one lot being 50% or more than any applicable aggregate limitation set forth elsewhere in this Sign Bylaw.
H.
Transfer of ownership. Upon the sale or transfer of ownership of any sign, or business or premises to which a sign relates, the new owner shall file with the Inspector of Buildings a written application for the transfer of the sign permit for such sign. Such application shall be accompanied by a certification that such sign complies with the provisions of this chapter. Such sign permit shall be transferred by the Inspector of Buildings, subject to the filing of any necessary bond by the applicant.
5.2.7 Nonconforming signs.
A sign lawfully erected and in compliance prior to the effective date of this section, and which fails to conform to the provisions of this Sign Bylaw, may continue unless the use of such sign is abandoned or discontinued for one year or more, subject to the following:
A.
A nonconforming sign shall not be changed to another sign not in conformity with this chapter.
B.
A face replacement that involves any alteration to the face itself constitutes a change.
C.
A preexisting nonconforming sign shall lose its nonconforming status if the owner of such premises changes the use of the land or any buildings thereon, changes the location of the sign, expands or extends any building(s) thereon, or changes the property line(s).
D.
A nonconforming sign shall not be maintained or reestablished after the activity, business, or usage to which it relates has been discontinued for 30 days.
5.2.8 Enforcement; violations and penalties.
A.
Violations of this bylaw shall be enforced by the Inspector of Buildings.
(1)
Noncriminal disposition. In addition to enforcement procedures authorized elsewhere in this Zoning Bylaw or the General Laws, the provisions of this bylaw may be enforced by noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D.
(2)
Penalties. Each day on which a violation exists shall be deemed a separate offense. The penalty for violation of any of the provisions of this Sign Bylaw shall be $50 for the first offense; $75 for the second offense; and $100 for the third and each subsequent offense.
B.
Nothing contained herein shall be deemed to require the use of noncriminal disposition, and at the option of the Inspector of Buildings, criminal and/or civil proceedings may also be utilized.
5.2.9 State Building Code.
To the extent that any conflict exists between the provisions of this bylaw and the applicable provision of the State Building Code, as it may be amended from time to time, the provisions of the State Building Code shall govern.
5.3.1 Basic requirement.
In any district where permitted, no use of premises shall be authorized or extended, and no building or structure shall be erected or enlarged unless there is provided for such extension, erection, or enlargement, off-street automobile parking space within 300 feet of the principal building, structure, or use of the premises, in accordance with the following minimum specifications. An area of 200 square feet of appropriate dimensions for the parking of an automobile, exclusive of drives or aisles, shall be considered as one off-street parking space.
5.3.2 Schedule of Minimum Off-Street Parking Requirements.
[Amended 10-27-2025 STM by Art. 2]
A.
Two spaces per dwelling unit in all housing, except:
B.
One space for each sleeping room in a tourist home, boarding or lodging house, motel or hotel, plus required spaces for facilities used for eating, drinking, and assembly, as outlined in Subsection H below.
C.
One space for each campsite in family-type campgrounds.
D.
One space for each two beds in a hospital or sanitarium.
E.
One space for each four beds for other institutions devoted to the board, care or treatment of humans.
F.
One space for each 200 square feet or fraction thereof, of floor area of any retail, retail/wholesale, wholesale, or service establishment.
G.
One space for each 800 square feet, or fraction thereof, of floor area of any wholesale establishment, but not less than five spaces per enterprise.
H.
One space for each two employees and one space for three seats, permanent or otherwise, for patron use for restaurants, and other places servicing food or beverages.
I.
One space for each two persons employed or anticipated to be employed on the largest shift for all types of business, industrial, professional or other permitted uses.
J.
One space for each 250 square feet, or fraction thereof, of floor area of any office or professional building; except that one space per 150 square feet shall be provided for medical offices.
K.
One space for each 150 square feet, or fraction thereof, of floor area of any bank, plus one space for each 250 square feet of area not devoted to customer service.
L.
One space for each 800 square feet of floor area, or one space per employee, whichever is greater, for any industrial use.
M.
One space for each four persons capacity for any theater, auditorium or other place of amusement or assembly.
N.
Adequate spaces to accommodate customers, patrons and employees of other business and professional uses not specified, but not less than one space per 200 square feet of area devoted to customer service.
O.
Adequate spaces to accommodate customers, patrons, and employees at automobile service stations, drive-in establishments, open air retail business and amusements and other permitted uses not specifically enumerated herein shall be provided.
5.3.3 Off-street loading.
In any district where permitted or allowed, business, wholesale or industry uses as listed in § 3.1.2, Schedule of Use Regulations,[1] shall be provided as necessary with adequate off-street loading facilities located entirely on the same lot as the building or use to be served so that trucks, trailers and containers shall not be located for loading, unloading or storage upon any public way.
[1]
Editor's Note: See the Schedule of Use Regulations included in Attachment 1 to this chapter.
5.3.4 Parking in Village Center Zoning District, Multi-Family Overlay Zoning Districts, and in Planned Unit Developments (PUD).
[Amended 5-5-2012 ATM, AG approved 8-30-2012; 10-27-2025 STM by Art. 2]
The standards of § 5.3.2 must be met for the additional parking demand created by new buildings, additions or changes of use unless, in performing a site plan review and approval under Section 5.7 or issuing a special permit under the provisions of Section 5.15, Planned Unit Development (PUD), the Planning Board determines that special circumstances dictate a different provision in order to meet all parking needs. In performing a site plan review and issuing a PUD special permit, the Planning Board may authorize a smaller number of parking spaces because of staggered hours of use or other circumstances. The Planning Board shall determine all parking space calculations based on information in the most recent edition of the Parking Generation Manual by the Institute of Transportation Engineers (ITE), on studies and surveys done by qualified persons regarding parking, on parking requirements and use for similar facilities in the Montachusett region and/or other appropriate information.
5.4.1 General purpose.
The purpose of this section shall be to regulate the placement, design, construction, removal, and modifications of wireless communication facilities and towers so as to promote the economic viability of Ashburnham and to protect its historic, cultural, natural, and aesthetic resources. To accomplish the purpose of this bylaw, no permit for the installation of a wireless communications facility or wireless communications tower shall be granted by the Town of Ashburnham Building Inspector until a special permit has been issued by the Town of Ashburnham Zoning Board of Appeals (ZBA).
5.4.2 Special permit review criteria.
A.
No wireless communications facility shall be erected, constructed, or installed without first obtaining a special permit from the Town of Ashburnham Zoning Board of Appeals. A special permit is required for new tower construction (or major modification of a preexisting tower) and for new wireless communications facilities (or major modification of a preexisting facilities) to be mounted on a tower or structure.
B.
Exemptions. The following types of wireless communications facilities and towers are exempt:
5.4.3 Consistency with federal law.
These regulations are intended to be consistent with Section 704 of the 1996 Telecommunications Act. Accordingly, they shall not prohibit or have the effect of prohibiting the provision of wireless communication services; shall not unreasonably discriminate among providers of functionally equivalent services; shall not regulate wireless services based on the environmental effects of radiofrequency emissions to the extent that these facilities comply with the Federal Communications Commission regulations concerning such emissions.
5.4.4 Definitions.
A tower not being used for the purpose it was permitted for a period of 12 months.
Coverage is adequate within that area surrounding a base station where the predicted or measured median field strength of the transmitted signal is such that the majority of the time, transceivers properly installed and operated will be able to communicate with the base station without objectionable noise (or excessive bit-error-rate for digital) and without calls being dropped. In the case of cellular communications in a rural environment, this would be signal strength of at least 90 dBm. It is acceptable for there to be minor temporary loss of signal within the area of adequate coverage. The outer boundary of the area of adequate coverage is that location past which the signal does not regain uniformly.
A device used to transit and/or receive electromagnetic waves, which is attached to a tower or other structure.
Any pole, telescoping mast, tower tripod, or any other structure which supports a device used in the transmitting and/or receiving of electromagnetic waves.
The space on a tower or structure to which antennas of a telecommunications provider is both structurally able and electromagnetically able to be attached.
The primary sending and receiving site in a telecommunications facility network. More than one base station and/or more than one variety of telecommunications provider may be located on a single tower or structure.
An enclosed structure used to contain batteries, electrical equipment, telephone lines, transmitters, etc. used by the carriers on the towers.
Any antenna support structure mounted on, erected on, or supported in whole or part by a building or structure occupied and/or used for purposes other than wireless telecommunications.
A company that provides wireless service as defined by Section 704 of the 1996 Telecommunications Act.
The segment of the radiation spectrum to or from an antenna, which carries one signal. An antenna may radiate on many channels simultaneously.
Locating the wireless communications equipment of more than one provider on a single tower.
A monopole or self-supporting tower, constructed as a freestanding structure or in association with a building, other permanent structure or equipment, containing one or more antennas intended for transmitting and/or receiving wireless communications.
Certified expert engineer licensed by the Commonwealth of Massachusetts, hired at the expense of the applicant to review the application and verify that the new tower is necessary at the proposed site, or any other review required under this bylaw.
Unit of measure of the power level of a signal expressed in decibels above one milliwatt.
Unit of measure of the electric field strength of a signal, expressed in an absolute measure for describing service areas and comparing different transmitting facilities independent of the many variables (see dBm above) introduced by different receiver configurations.
See "environmental assessment."
Electrical generators usually powered by propane gas or diesel fuel so as to provide uninterrupted service in the case of electrical utility failure, provided that any generators used may not emit more than 50 decibels over the ambient noise level at the property line.
An EA is the document required by the FCC and NEPA when a personal wireless facility is placed in certain designated areas.
Federal Aviation Administration.
A property, or any part thereof, which is owned or leased by one or more wireless communications facility(s) and where required landscaping is located.
The area on the ground within a prescribed radius from the base of a tower, typically the area within which there is a potential hazard from falling debris, or collapsing material.
Federal Communications Commission.
The number of cycles completed each second by an electromagnetic wave, measured in hertz (Hz), megahertz (MHz, or one million hertz), or gigahertz (GHz, one billion hertz).
One hertz (Hz) is the frequency of an electric or magnetic field which reverses polarity once each second, or one cycle per second.
A type of mount that is self-supporting with multiple legs and crossbracing of structural steel.
The changing or alteration of any portion of a tower from its description in a previously approved permit, including any addition that increases the height of the tower size of the building for equipment shelter.
The measurement, by the use of instruments in the field, of nonionizing radiation exposure from wireless communications facilities, towers, antennas, or repeaters.
A type of tower that is self-supporting with a single shaft of wood, steel, or concrete.
National Environmental Policy Act.
Any tower or antenna which was lawfully erected before the effective date of these regulations.
A small receiver/relay transmitter and antenna of relatively low power output designed to provide service to areas which are not able to receive adequate coverage directly from a base or primary station.
Radiofrequency interference.
Radiofrequency radiation.
A scenic view is a wide angle or panoramic field of sight and may include natural and/or man-made structures and activities which may be seen from a stationary viewpoint or as one travels along a roadway, waterway, or path, and may be to an object in the distance such as a mountain, or an object nearby such as an historic building or a pond.
A communications tower that is constructed without guy wires.
As defined by § 6.4B of the Town of Ashburnham Zoning Bylaws.
Relating to any transmissions or reception of electromagnetic waves.
A structure designed to blend with or be hidden by surrounding terrain, architectural design, or buildings.
The determination that a tower or structure is capable of carrying the load imposed by the proposed new antenna(s) under all reasonable predictable conditions as determined by professional structural engineering analysis.
A vertical structure for antenna(s) that provides wireless communications services.
The vertical distance measured from the base of the tower support structure to the highest point of the structure. If the support structure is on a sloped grade, then the average between the highest and lowest grades shall be used in calculating the tower height.
Ashburnham, Massachusetts and/or its elected or appointed officials.
All equipment, buildings and locations of equipment (real estate) with which a wireless communications provider transmits and receives the waves which carry their services. This facility may be owned and permitted by the provider or another owner or entity.
An entity licensed by the FCC to provide telecommunications services to individuals or institutions.
Commercial mobile services, unlicensed wireless exchange access services, including cellular services, personal communications services, specialized mobile radio services, and paging services.
5.4.5 Permit application requirements.
A.
An applicant for a wireless communications tower or facility permit must be a wireless communications provider or must provide a copy of its executed contract to provide land or facilities to an existing wireless communications provider at the time that an application is submitted. A permit shall not be granted for a tower or facility to be built on speculation.
B.
Applicants for wireless communications towers or facilities shall include the following supplemental information in their filings for special permit approval:
(1)
Location map. The location of the proposed structure on the most recent United States Geological Survey Quadrangle map, showing the area within at least a three-mile radius of the proposed tower site.
(2)
A map or sketch of the property proposed to be developed, professionally drawn to scale and with the area to be developed clearly indicated.
(3)
A report from qualified and licensed professional engineers (consultants) that:
(a)
Describes the facility height, design, and elevation.
(b)
Documents the height above grade for all proposed mounting positions for antennas to be colocated on a wireless communications tower or facility and the minimum separation distances between antennas.
(c)
Describes the tower's proposed capacity, including the number, height, and type(s) of antennas that the applicant expects the tower to accommodate.
(d)
Documents steps the applicant will take to avoid interference with any established public safety wireless communications, and includes both an intermodulation study that predicts no likely interference problems and certification that the study has been provided to the appropriate public safety agencies. Towers utilized by Ashburnham Public Safety channels will not locate conflicting frequencies on same tower.
(e)
Describes existing and proposed coverage. In the case of new tower proposals, the applicant shall demonstrate that existing wireless communications facility sites and other existing structures within Ashburnham, in abutting towns, and within a ten-mile radius of the proposed site cannot reasonably be modified to provide adequate coverage and/or adequate capacity to the Town of Ashburnham.
(f)
Describes potential changes to those existing facilities or sites in their current state that would enable them to provide adequate coverage, and provides a detailed computer-generated actual received level propagation model that describes coverage of the existing and proposed facilities.
(g)
Describes the output frequency, number of channels and power output per channel for each proposed antenna.
(h)
Includes a written five-year plan for use of the proposed wireless communications facility, including reasons for seeking capacity in excess of immediate needs if applicable, as well as plans for additional development and coverage within the Town of Ashburnham.
(i)
Demonstrates the tower's compliance with the municipality's setbacks for towers and support structures.
(j)
Provides proof that at the proposed site the applicants will be in compliance with all FCC regulations, standards, and requirements, and includes a statement that the applicant commits to continue to maintain compliance with all FCC regulations, standards, and requirements regarding both radiofrequency interference (RFI) and radiofrequency radiation (RFR). The Town of Ashburnham may hire independent engineers to perform evaluations of compliance with the FCC regulations, standards, and requirements on an annual basis at unannounced times. The Town may allocate to the applicant any reasonable expenses incurred or authorized by it in retaining independent engineers to perform these evaluations.
(4)
Commitment to share space. A letter of intent committing the tower owner and his or her successors to permit shared use of the tower if the additional user agrees to meet reasonable terms and conditions for shared use, including compliance with all applicable FCC regulations, standards and requirements and the provision of this bylaw.
(5)
Existing structures. For wireless services to be installed on an existing structure, a copy of the applicant's executed contract with the owner of the existing structure must be submitted.
(6)
Environmental assessment. To the extent required by the National Environmental Policy Act (NEPA) and as administered by the FCC, a complete environmental assessment (EA) draft of final report describing the probable impacts of the proposed facility shall be submitted to the Building Inspector prior to the issuance of a building permit.
(7)
Vicinity map. A topography priority resource map showing the entire vicinity within a 1,000-foot radius of the tower site, including the wireless communications facility or tower, public and private roads and buildings and structures, water bodies, wetlands, landscape features and historic sites. The map shall show the property lines of the proposed tower site parcel and all easements or rights-of-way needed for access from a public way to the tower.
(8)
Proposed site plans of the entire wireless communications facility, professionally drawn to scale, showing all improvements, including landscaping, utility lines, screening and roads.
(9)
Elevations showing all facades and indicating all exterior materials and color of towers, buildings and associated facilities.
(10)
Where the proposed site is forested, the approximate average height of the existing vegetation within 200 feet of the tower base.
(11)
Construction sequence and estimated time schedule for completion of each phase of the entire project.
(12)
Any additional information requested by the Ashburnham ZBA.
C.
Plans shall be drawn at a minimum at the scale of one inch equals 50 feet. The permit application shall be signed under the penalties of perjury.
5.4.6 Tower and antenna design requirements.
A.
Protection of scenic character.
(1)
Proposed facilities shall not unreasonably interfere with any scenic views, paying particular attention to such views from the downtown business area, public parks, natural scenic vistas or historic buildings or districts. Towers shall, when possible, be sited off ridge lines and where their visual impact is least detrimental to scenic views and areas. Height and mass of facilities shall not exceed that which is essential to their intended use. In determining whether the proposed tower will have an undue adverse impact on the scenic beauty of a ridge or hillside, the Town shall consider, among other things, the following:
(a)
The period of time during which the proposed tower will be viewed by the traveling public on a public highway, public trail, or public body of water;
(b)
The frequency of the view of the proposed tower by the traveling public;
(c)
The degree to which the view of the tower is screened by existing vegetation, the topography of the land, and existing structures;
(d)
Background features in the line of sight to the proposed tower that obscure the facility or make it more conspicuous;
(e)
The distance of the tower from the viewing vantage point and the proportion of the facility that is visible above the skyline;
(f)
The number of travelers or vehicles traveling on a public highway, public trail, or public body of water at or near the critical vantage point; and
(g)
The sensitivity or unique value of the particular view affected by the proposed tower.
(2)
To assist the Town in its review, it may require the applicant to fly or raise a three-foot-diameter balloon at the maximum height of the proposed facility at a location within 50 horizontal feet of the center of the proposed facility.
(3)
The applicant shall provide photographs of the balloon test taken from at least four vantage points previously designated by the ZBA.
(4)
Only self-supporting monopoles and stealth towers are acceptable. The ZBA may, at its sole discretion, waive any of the requirements of § 5.4.6 for the purpose of approving the development of a wireless communications facility utilizing innovative siting techniques that camouflage or conceal the presence of antennas or towers.
B.
Lighting, bulk, height, glare. All wireless communications facilities, including towers and antennas, shall be designed and constructed so as to minimize the visual impact of height and mass of said tower. Materials utilized for the exterior of any structure shall be of a type, color, and style so as to minimize glare and blend into the environment. Towers shall not be artificially illuminated. Tower sites will not be allowed if the FAA or other federal or state authority requires lighting at proposed site unless required in the future by the FAA.
C.
Transmitter building. Facilities buildings shall be built to accommodate all anticipated tenants on a tower, one building per site. Buildings seen from the road must be consistent with the historic colonial character of the Town.
D.
Landscaping and screening. Base of tower as well as the building accessory to the tower shall be screened from view by a suitable vegetation screen that is consistent with existing vegetation. A planted or existing vegetative screen shall be maintained. Existing on-site vegetation outside the immediate site for the wireless facility shall be preserved or improved. Disturbance to existing topography shall be minimized unless disturbance is demonstrated to result in less visual impact on the facility from surrounding properties and other vantage points.
E.
Height limitations. In order to protect public safety and to preserve the scenic, rural character and appearance of Ashburnham, antennas and all related facilities shall not exceed the lesser of 90 feet above the average height of the tree line within 200 feet of the base of the tower, or 170 feet total tower height. However, additional height may be approved upon finding by the ZBA that the additional height is required in order to provide adequate coverage up to and including 190 or to eliminate the need for other towers in the Town. Additional height must not have an undue visual impact on the scenic character or appearance of the area.
F.
Fencing and signage. The area around the tower shall be completely fenced for security to a height of eight feet and gated. Use of multiple strands of barbed wire is required. A painted sign no greater than two square feet stating the name of the facility's owner and a 24-hour emergency number shall be posted on the entry gate. In addition, "No Trespassing" and any other mandated warning signs shall be posted and maintained at the site. No commercial signs or lettering shall be placed on a tower. If possible, the tower will be equipped with an anti-climbing device. The wireless communications facility owner shall maintain adequate insurance on all wireless communications facilities.
G.
Utilities. All utilities must be routed underground via conduit from public road to site where feasible.
H.
Access road. Vehicle access to site shall be required and shall conform to all Conservation Commission guidelines and be at least 18 feet wide. A sturdy, posted, swinging, lockable gate must be installed which is more than 15 feet and less than 30 feet off the public road upon which said access is situated, a KNOX box or keys shall be provided to a designated Town official for municipal access.
I.
Removal of abandoned antennas and towers.
(1)
The owner of a facility/tower shall annually, by January 15, file a declaration with the Town of Ashburnham Land Use Clerk certifying the continuing safe operation of said facility/tower installed subject to these regulations. Failure to file a declaration shall mean that the facility/tower is no longer in use and shall be considered abandoned.
(2)
A facility/tower shall also be considered abandoned when it has not been used for the purpose for which it was permitted, for a period of 12 months.
(3)
The applicant or subsequent owners shall provide and maintain a financial surety bond in the amount of $25,000 payable to the Town of Ashburnham to cover the costs of removal of each wireless communications facility applied for and the remediation of the landscape, should the facility be deemed abandoned. The bond shall not limit the applicant's financial liability to the Town for said facility/tower removal.
J.
Emergency power. Emergency power shall emit no more than 50 decibels over ambient noise level at all property lines.
K.
Noise. Noise at the site perimeter from the operation of any machinery or equipment shall be minimized.
L.
Property consideration. An applicant shall demonstrate that all municipally-owned property in the geographic area was considered.
M.
Electric power. Power to the site shall be provided by Ashburnham Municipal Light Plant.
N.
Distance of tower or repeaters.
(1)
No repeater shall be located closer than 50 feet to an existing residential dwelling unit. No repeater shall be located less than 25 feet, nor more than 70 feet above ground.
(2)
No tower or personal wireless service facility, with the exception of repeaters, shall be located:
(b)
Within 100 feet horizontally of any Massachusetts regulated wetland.
(c)
Within 200 feet horizontally of the outer riparian zone measured horizontally from any river or perennial stream.
(d)
Within 300 feet of any existing permanently occupied residential dwelling for monopoles.
(e)
Within the overall height of the stealth or camouflaged facilities to the property line unless incorporated within an existing building, tower or steeple.
O.
Documentation. Engineering and environmental assessment impact as well as FAA notice of determination of no hazard of flight zone shall be submitted with any application.
P.
Colocation requirements. An application for a new (non-colocated) wireless communications tower shall not be approved unless the Zoning Board of Appeals finds that the wireless communications facility planned for the proposed tower cannot be accommodated on an existing or approved tower or structure due to one of the following reasons:
(1)
The proposed antennas and equipment would exceed the structural or spatial capacity of the existing or approved tower or facility, as documented by a qualified engineer (consultant) licensed to practice in the Commonwealth of Massachusetts, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment, at a reasonable cost, to provide coverage and capacity comparable to that of the proposed facility.
(2)
The proposed antennas and equipment would cause interference materially impacting the usefulness of other existing or permitted equipment at the existing or approved tower or facility as documented by a qualified engineer (consultant) licensed to practice in the Commonwealth of Massachusetts and such interference cannot be prevented at a reasonable cost.
(3)
The proposed antennas and equipment, along or together with existing facilities, equipment or antennas, would create RFI in violation of federal standards or requirements.
(4)
The proposed antennas and equipment, alone or together with existing facilities, equipment or antennas, would create RFR in violation of federal standards or requirements.
(5)
Existing or approved towers and structures cannot accommodate the planned equipment at a height necessary to function, or are too far from the area of needed coverage to function reasonably, as documented by a qualified engineer (consultant) licensed to practice in the Commonwealth of Massachusetts.
(6)
Aesthetic considerations make it unreasonable to locate the planned wireless communications equipment upon an existing or approved tower or building.
(7)
There is no existing or approved tower in the area in which coverage is sought.
(8)
Other unforeseen specific reasons make it unreasonable to locate the planned wireless communications equipment upon existing or approved tower or building.
Q.
Towers shall be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights when overall permitted height allows. Towers shall be designed structurally, electrically and in all respects to accommodate both the applicant's and additional antennas when overall permitted height allows.
R.
Wireless communication towers shall be a minimum distance of 2.5 miles from each other unless it is determined by a qualified engineer (consultant) licensed to practice in the Commonwealth of Massachusetts that a closer proximity is needed for "adequate coverage" as defined in § 5.4.4. Under no circumstances shall any wireless communications towers be within a distance of one mile to each other unless such tower is a stealth tower and the applicant's technology cannot be used on an existing tower as determined by a qualified engineer (consultant) licensed to practice in the Commonwealth of Massachusetts.
5.4.7 Modifications to existing wireless communications facilities special permit.
An alteration or addition to a previously approved wireless communications facility shall require an additional special permit when any of the following are proposed:
A.
A change in the number of buildings or facilities permitted on the site;
B.
Changes in technology used by the wireless communications facility;
C.
An addition or change of any external equipment or an increase in the height of the tower, including profile of additional antennas, not specified in the original application; or
D.
Change in ownership.
5.4.8 Continuing obligations.
Upon receiving a permit, the permittee shall annually, by January 15, document that the facility is in compliance with all FCC standards and at the same time the permittee shall provide a list of the most recent RFR readings at the site, their distances from the tower/transmitter, dates of the readings and the name of the person or company who took readings.
5.4.9 Fees.
The Town shall establish a schedule of fees to cover permitting and monitoring costs. Fees may include the reasonable costs of an independent technical assessment of the application by a consultant.
5.4.10 Severability.
If a court of competent jurisdiction holds any portion of this bylaw unconstitutional or invalid, the remainder of this bylaw shall not be affected.
5.4.11 Conflicts.
If any definition or term as used in this bylaw is inconsistent with or would result in a conflict with an applicant's compliance with any FCC regulation or licensing requirement, the FCC regulation or licensing requirement shall control.
5.5.1 Purpose.
The purpose of this Section 5.5 is to prevent the degradation of the Town's natural resources, including its soil, surface and groundwater and naturally occurring vegetation, due to the improper or uncontrolled removal or redisposition of soils, vegetation and earth materials. Unless otherwise provided for in this bylaw, this Section 5.5 shall not apply to the removal of less than 19 cubic yards of material from a lot for noncommercial purposes for maintenance or improvement of the lot or the removal or alteration of existing vegetation upon a lot for noncommercial purposes related to the routine maintenance or improvement of the lot.
5.5.2 General provisions.
A.
Excavation, removal, stripping, or mining of any earth material, soil and vegetation, except as hereinafter permitted on any parcel of land, public or private, in Ashburnham is prohibited.
B.
Exclusion jurisdiction to issue earth removal permits shall be with the Board of Appeals.
C.
The Building Inspector shall have the authority to enforce all conditions of any permit issued under this Section 5.5 of the Zoning Bylaw.
D.
All earth removal operations in existence in Ashburnham on the effective date of this Section 5.5 shall be subject to the requirements stated herein. However, all earth removal permits issued prior to the effective date of this Section 5.5 shall remain in effect until their expiration date. At such time, said operation shall be subject to the provisions of this Section 5.5, unless otherwise allowed by the Board of Appeals for a period not to exceed six months.
E.
An annual fee shall be required for an earth removal permit as established by the Board of Appeals.
5.5.3 Application for soil, vegetation, rock and gravel removal; materials for submission.
All applicants for a soil, vegetation, rock and gravel removal permit must, at a minimum, submit the following materials to the Board of Appeals.
A.
A plan or plans to scale (one inch equals four feet), prepared and stamped by a registered engineer and a registered land surveyor, and subdivided into five-acre lots showing the property lines of the parcel of land under consideration along with all abutters to the property, existing and final contours in two-foot elevation increments, existing and proposed final drainage of the site, including all culverts, streams, ponds, swamps, and siltation basins, and all wetlands pursuant of MGL c. 131, § 40, means of entrance and egress from the property, locus map, and any other pertinent data deemed necessary by the Board of Appeals.
B.
A plan, study, or report showing the proposed ultimate use of the land conforming with the existing Zoning Bylaw. Proper planning for future land use shall be a primate consideration affecting the issuance of soil, vegetation, rock and gravel removal permit.
C.
A complete list of the names and addresses of the current abutters of the property where such removal is proposed.
D.
An operation schedule showing the active area (not to exceed five acres) where the removal will begin and also how the total parcel will be developed in progressive five-acre increments.
E.
A log of soil borings taken to the depth of the proposed excavation with a minimum of five borings per five-acre section. Additional borings may be requested by the Board of Appeals if necessary.
F.
A plan showing all refuse and debris burial sites on or off the property. (May be shown on plan as required in Subsection A above.)
G.
The full legal name and address of the owner of record, the operator of the removal operation and of the applicant.
5.5.4 Planning Board review of application.
Within 10 days of receipt of application and plan, the Board of Appeals shall furnish the Planning Board with a copy of said plan. The Planning Board may investigate the case and make a written report of its recommendations to the Board of Appeals. The Board of Appeals shall not take final action on such application until it has received a report thereon from the Planning Board or until 30 days have elapsed since the Planning Board's receipt of such plan without submission of a report.
5.5.5 Permit for soil, vegetation, rock and gravel removal.
A.
General.
(1)
The Board of Appeals may issue soil, vegetation, rock and gravel removal permits for R-B, I, W Districts, complete with conditions imposed, for areas not to exceed 20 acres. All permits shall conform to the minimum restoration and operating standards contained herein and such other conditions as the Board of Appeals may deem necessary. Said permit shall allow the working of only five acres at any one time. Upon completion of the earth removal operation on a five-acre parcel, or a part thereof, and substantial restoration of said parcel as determined by the Board of Appeals, according to the restoration standards and the permit conditions, application may then be made to the Board of Appeals for a permit renewal. Such permit renewal shall allow the removal of earth on another five-acre section, as shown by the operating schedule submitted with the permit application. This procedure shall be followed until the operation is completed. No soil being removed under special permit may take place within 300 feet of a street or way, nor within 100 feet of the high water mark of any natural watercourse, nor within 100 feet of a lot line. Soil may be disturbed within these established boundaries if it is considered part of the site restoration work and has received prior approval by the Board of Appeals.
(2)
Removal of soils shall not take place below a level that would be considered an undesirable grade for the future development of the area, or to an elevation within six feet of the springtime high water table unless such elevation has been approved by the Board of Appeals as a desirable improvement that will enhance the future development of the area. A monitoring well shall be installed by the property owner to verify groundwater elevations.
(3)
The Board of Appeals may specify engineering review of the application and plan. The registered professional engineer shall be specified by the Board of Appeals and fees to be borne by the applicant.
B.
Accuracy of information. The permit shall be considered a nontransferable, revocable permit to remove earth materials. If it is found that incorrect information was submitted in the application, or that conditions of the permit are being violated, or that the governing regulations are not being followed, the permit shall be suspended until all provisions have been met and promises made to conform. Failure of the permit holder to comply within the time specified by the Board of Appeals for correction of violations shall cause the permit to be revoked, forfeiture of the security of the Town, and the imposition of all fines.
C.
Compliance review. The Board of Appeals shall discuss and review the permit periodically, and, at a minimum, annually. Written progress reports showing conformance with regulations and permit conditions shall be submitted to the Board of Appeals by the Building Inspector or his designated agent every three months at a minimum, or when otherwise deemed appropriate by the Board of Appeals. The Building Inspector may employ a registered professional engineer to act as his agent in the inspection of the work to insure compliance with this section of the Zoning Bylaw and to report to the Building Inspector his recommendations as to the approval or disapproval of the work. In the event that the Board of Appeals employs an engineer under Subsection A of this bylaw for plan review, then the Building Inspector will, if possible, employ the same engineer for site inspection. Inspection fees to be at the permittee's expense.
D.
Effective date. A soil, vegetative, rock and gravel removal permit shall not be in effect until the applicant has filed the proper security as required in § 5.5.9, paid the required fees as required by § 5.5.2E, recorded the special permit at the Registry of Deeds, and paid for an engineering review under Subsection A.
5.5.6 Removal incidental to development, construction or improvement.
A.
This bylaw shall not be deemed to prohibit the removal of sod, loam, soil, clay, sand, gravel or stone as may be required to be excavated for the purpose of constructing ways and services in accordance with a plan approved or endorsed by the Planning Board in accordance with the Subdivision Control Law and the Subdivision Regulations and Procedural Rules of the Planning Board.[1]
B.
Where soil is to be removed in connection with the preparation of a specific site for building, removal may take place only after the issuance of a building permit by the Building Inspector. Removal will be allowed only from the area for the building, driveways, parking areas, and from areas where removal is specifically required by the Board of Health in connection with disposal systems.
5.5.7 Operation standards for removal and restoration.
All soil, vegetation, rock and gravel removal activities controlled by this Section 5.5 shall be subject to the following standards:
B.
Site preparation.
(1)
Only the active area described in the permit application may be made ready for earth removal.
(2)
No standing trees are to be bulldozed over, or slashed and bulldozed into piles. All trees must be cut down. All wood and brush must be piled for removal or chipping. Wood chips may remain on the site. No trees are to be buried on the site.
(3)
Stumps shall be buried in predesignated areas as shown on application plans.
(4)
Any change in stump burial must be submitted to the Board of Appeals for approval.
(5)
All topsoil removed from the active removal area shall be piled and adequately protected from erosion for future site restoration.
(6)
No topsoil shall be removed from the site until all areas have been restored and permission has been granted by the Board of Appeals and as detailed in the Town bylaws.
(7)
Prior to any excavation of earth removal, adequate siltation basins shall be constructed to prevent the run-off of silted water from the site.
(8)
All excavation shall be done so as to create contours to channel run-off waters into the siltation basins.
(9)
No siltation basin shall exceed seven feet in depth.
(10)
Siltation basins must be cleaned when sediment deposits are within 18 inches of the outfall invert.
C.
Site maintenance.
(1)
No open face excavation shall exceed 25 feet in height.
(2)
No excavation shall be closer than 100 feet to a property line unless approved by the Board of Appeals.
(3)
No slope shall exceed a two-foot horizontal to a one-foot vertical (2:1) grade.
(4)
No earth removal operation shall create excessive amounts of dust or allow roads leading into or from a site to become excessively dust producing.
(5)
Proper dust control methods shall be employed and approved by the Board of Appeals.
D.
Screening and access.
(1)
An immediate program of site screening shall start when site preparation begins.
(2)
All entrances shall be screened with existing vegetation, evergreens, or other suitable natural methods, so as to prevent a direct view into the earth removal area.
(4)
A minimum of 150 trees per acre shall be used for this reforestation.
(5)
All access roads shall be level with intersecting streets for a distance of 60 feet.
(6)
A STOP sign shall be installed so as to warn any vehicle entering onto a Town street.
(7)
All access roads shall be equipped with a suitable locking gate to prevent unauthorized entry.
(8)
The Board of Appeals may prescribe routes for transporting materials in and out of the site within the Town boundaries.
(9)
The permittees shall be responsible for the cleaning, repair and/or resurfacing of streets used in removal activity which have been adversely affected by such activities.
E.
Temporary buildings.
(1)
All temporary structures shall be specified in the special permit application and shown on the plan.
(2)
Any structure erected on the premises for use by personnel or storage of equipment shall be located at least 40 feet from any existing roadway and at least 30 feet from any lot line.
(3)
Any temporary structure will be removed no later than 90 days after the expiration date of the permit.
F.
Mechanical crushing and screening.
(1)
All crushing and screening permits shall be granted for a period not to exceed six months.
(2)
Said permits shall be granted as a cleanup procedure only.
(3)
Washing of processed materials will not be allowed.
(4)
Operation of crushing or screening equipment shall be from 7:30 a.m. until 5:00 p.m., Monday through Friday.
(5)
All crushing and screening equipment shall be equipped with suitable dust- and noise-control devices.
(6)
Under no conditions shall the crushing and screening cause a nuisance beyond the property line.
5.5.8 Restoration standards.
A.
All restoration must be completed with 60 days after the termination of a soil, vegetation, rock and gravel removal permit or by the first of June if the permit terminates between December 1 through March 31.
B.
No slope shall be left with a grade steeper than a two-foot horizontal to a one-foot vertical.
C.
All siltation basins shall be filled with earth, and a natural drainage pattern must be reestablished. No area upon the site which will collect water shall remain unless approval is granted by the Board of Appeals or unless the area was shown on the original application plans.
D.
All topsoil which was on the site prior to earth removal operations shall be replaced to a minimum depth of six inches on all disturbed areas. Sites that had less than six inches of topsoil shall be restored with a minimum of four inches over the entire area.
E.
Seeding. The entire area shall be seeded with grass or legume which contains at least 60% perennials. The planted area shall be protected from erosion during the establishment period using good conservation practices. Areas which wash out shall be repaired immediately.
F.
Reforestation. All areas which are disturbed in the earth removal operation shall be reforested with 50% coniferous and 50% deciduous trees planted at the rate of 150 trees per acre. All trees used are to be a minimum of two-year transplants. Areas which are to be used for agricultural purposes after earth removal operations are completed may be reforested in the following manner:
G.
Within 90 days of completion of operations, all equipment, accessory buildings, structures, and unsightly evidence of operation shall be removed from the premises.
5.5.9 Security requirements.
There shall be filed with the Town Treasurer, a continuous bond or deposit of money in a form approved by the Board of Appeals and Town Counsel in the minimum amount of $1,000 per acre to be excavated, or other amount as deemed appropriate by the Board of Appeals and shall be of a sufficient amount to cover 10 acres, or the total parcel, whichever is smaller, as determined by and satisfactory to the Board of Appeals. After completion of the total project, and at the applicant's written request, the Board of Appeals may grant a partial release of any security posted by the applicant. One year after such a partial release is granted and if in the opinion of the Board of Appeals no damage or deterioration to the finished project has developed, the Board of Appeals will issue a final release of the security. If, during the year following the date of a partial release, slumping, gullying, erosion or any other unsatisfactory condition appears, the applicant shall be responsible for, and shall make any necessary repairs, before final release of security is granted. The bonding agent shall be required to give the Board of Appeals, by registered or certified mail, a sixty-day notice prior to any termination or cancellation of the bond.
5.6.1 Mobile home parks.
A.
Mobile home parks, application for permit. Application for a permit from the Board of Appeals for a mobile home park shall be accompanied by a plan, in duplicate, prepared by a registered professional engineer, registered architect or registered land surveyor, which shall show:
(1)
The boundaries of the lot or lots for which the permit is requested;
(2)
The existing and proposed contour of the land at intervals not to exceed 10 feet referred to mean sea level;
(3)
The location of all proposed driveways, parking areas and mobile home sites;
(4)
The location and size of all proposed public facilities;
(5)
The proposed provisions for drainage, including drainage calculations;
(6)
The proposed sanitary sewer system;
(7)
The proposed landscaping plan; and
(8)
Other information necessary to indicate the physical characteristics of the proposed mobile home park.
B.
Reference to Planning Board. Within 10 days of receipt of the application and plan, the Board of Appeals shall transmit to the Planning Board a copy of said plan. The Planning Board may investigate the proposed plan and make a written report of its recommendations to the Board of Appeals. The Board of Appeals shall not take final action on such application until it has received a report thereon from the Planning Board or until 30 days have elapsed since the Planning Board's receipt of such plan without submission of a report.
C.
Conditions of permit. The Board of Appeals may issue a permit for a mobile home park, providing the following conditions shall be met:
(1)
The owner or operator of the mobile home park shall have a valid license to operate said park issued by the Board of Health under the authority of MGL c. 140, § 32B.
(2)
The total area of land included within the park shall be six acres or more;
(3)
There shall be a minimum of 6,000 square feet of lot area, of appropriate dimensions, for each mobile home, of which 1,000 square feet per mobile home shall be provided for common open space and active recreation, exclusive of paved areas;
(4)
No mobile home shall be placed within 30 feet of any other mobile home;
(5)
There shall be a maximum of 50 mobile homes in a single park;
(6)
No mobile home lots shall have frontage on any existing public road;
(7)
No mobile home shall be placed closer than 50 feet to any exterior lot line;
(8)
The mobile home park shall be connected to the public water system at no expense to the Town; and
(9)
A continuous landscaped area not less than eight feet in width containing evergreen shrubs, trees, fences, walls or any combination thereof forming an effective visual barrier of not less than six feet in height shall be located on all exterior lot lines of the park, except that driveways shall be kept open to provide visibility for vehicles entering and leaving the park.
5.6.2 Temporary mobile home location.
[Amended 5-2-2023 ATM by Art. 27]
C.
No mobile home shall be located or occupied for the above purposes until the owner of the lot has obtained a building permit for the proposed construction, a building permit for the temporary mobile home, and has installed a septic system and a water supply. The permitted period of occupancy shall begin upon compliance with the provisions of this subsection.
D.
An extension of the permitted period of occupancy may be granted by the Board of Appeals after an application and public hearing. Such extension shall be for not more than 12 months, and no more than one such extension may be granted.
E.
The rights of location and occupancy of a mobile home granted under this section shall cease upon the expiration of the permitted period of location and occupancy or upon the issuance of a certificate of occupancy according to the provisions of Section 6.3, whichever occurs first, and the provisions of § 1.1.2 and the Schedule of Use Regulations, Subsection 3.2.2,[1] with respect to mobile homes shall than apply forthwith.
[1]
Editor's Note: The Schedule of Use Regulations is included as Attachment 1 to this chapter.
5.7.1 Introduction.
A.
General purpose. To accomplish the purposes set forth in Section 1.1 of this (Zoning) Bylaw, including but not limited to facilitating traffic flow and control, assuring adequate drainage of surface water and protecting the environment, property values, abutting properties and visual amenities. To facilitate the administration of this Section 5.7, no permit for any of the activities and uses under Subsection B shall be granted until the provisions of this bylaw have been met.
B.
Applicability. The following types of activities and uses require site plan review:
(1)
Construction, exterior alteration or exterior expansion of, or change of use within, a municipal, institutional, recreational, commercial, or industrial structure and/or use.
(2)
Construction or expansion of a parking lot for a municipal, institutional, recreational, commercial, industrial, or multifamily structure or purpose.
(3)
Under § 5.7.6, Waiver of technical compliance and site plan review level, the Planning Board may waive the applicability of site plan review under these provisions if the Board makes a written determination that the proposed changes to the site are minimal and do not require site plan review.
(4)
There shall be three levels of site plan review under this bylaw based on the extent of the proposed use. New construction greater than 500 square feet but not greater than 2,000 square feet shall be reviewed as a "Minor Site Plan" and any new construction greater than 2,000 square feet shall be reviewed as a "Major Site Plan," as set forth in § 5.7.6A. A change of use or new construction of up to 500 square feet shall be reviewed by the Building Inspector under an "Abbreviated Plan Review" procedure as set forth in § 5.7.6C.
5.7.2 Procedures.
The applicant for site plan review approval shall submit 18 copies of the application and plans to the Planning Board for review. The Planning Board, following the procedures in § 5.7.3, shall solicit input and comments from other Town departments, board and committees. The Planning Board shall review and render its decision, upon the site plan, within 60 days of its receipt The Planning Board shall take the following action upon each application: approve, approve with conditions or disapprove. Any site plan approval issued by the Planning Board, with or without conditions, shall require a concurring vote of a majority of the Board and shall be in writing. No building permit or certificate of occupancy shall be issued by the Building Inspector until the written approval of the site plan has been issued by the Planning Board, or unless 60 days lapse from the date of the submittal of the site plan without action by the Planning Board.
A.
Application for building permit. An application for a building permit to perform work as set forth in § 5.7.1B (Applicability) available as a matter of right in the Ashburnham Zoning Bylaw, as denoted in § 3.1.2, Schedule of Use Regulations, by the letter "Y",[1] shall be accompanied by an approved site plan.
[1]
Editor's Note: See the Schedule of Use Regulations included as Attachment 1 to this chapter.
B.
Application for special permit or variance. An application for a special permit, as denoted in § 3.1.2, Schedule of Use Regulations, by the letters "SP" or a variance, approved subject to § 6.4C of the Ashburnham Zoning Bylaw, to perform work as set forth in § 5.7.1B shall be accompanied by an approved site plan; in the alternative, any special permit or variance granted for work set forth in § 5.7.1B shall contain the following condition: The work described herein requires the approval of a site plan by the Planning Board pursuant to Section 5.7 of the Ashburnham Zoning Bylaw. Any conditions imposed in such site plan approval shall also be conditions of this special permit/variance.
C.
Where the Planning Board approves a site plan "with conditions," and said approved site plan accompanies a special permit or variance application to the Board of Appeals, the conditions imposed by the Planning Board shall also be incorporated into any special permit or variance granted by the Board of Appeals.
D.
Where the Planning Board serves as the special permit granting authority for proposed work, it shall consolidate its site plan review and special permit procedures.
E.
The applicant may request, and the Planning Board may grant, an extension of the time limits set forth therein.
F.
No deviation from an approved site plan shall be permitted without modification thereof. Modifications may be requested and shall be processed in the same manner as an original application for site plan review in accordance with this bylaw.
5.7.3 Coordination with other boards.
Upon receipt of the site plan review application, the Planning Board shall transmit a copy of the application and plan to the Selectmen, Fire Department, Water and Sewer Commission, Board of Health, DPW Director, Conservation Commission, Building Inspector, Historical Commission, Police Department, Light Department and the Planning Board's consulting engineer for their written recommendation. Failure to respond to the Planning Board within 14 days shall indicate approval by said agencies. The Planning Board decision shall address any departure from the recommendations of the other Town agencies.
5.7.4 Presubmission review.
Prior to investing in extensive professional design efforts for site plans, it will often prove useful to review the proposed development/use of land with the Planning Board, in order that general approaches and potential problems can be freely explored. The Planning Board encourages applicants to meet with the Town Planner to review their development proposals and/or applicants are invited to submit a pre-application sketch of the proposed project to the Planning Board at the public comment period at a regular meeting of the Planning Board. Sketches, which need not be professionally prepared, will assist the discussion and might show some but not all of the information required to be shown on a site plan. At this review, the Board may vote to waive the applicant's need to submit an application for site plan review under this provision (Section 5.7) or may waive certain submission requirements, as provided for under § 5.7.6.
5.7.5 Contents of site plan.
[Amended 10-27-2025 STM by Art. 2]
A.
Five separate plans prepared at a scale of one inch equals 40 feet or such other scale as may be approved by the Planning Board. Of the 18 required plan copies, four of the following site plans shall be submitted on 24-inch by 36-inch sheets and 14 shall be submitted on 11-inch by 17-inch sheets. Site plans shall be prepared by a registered professional engineer, registered land surveyor, architect, or landscape architect, as appropriate. Dimensions and scales shall be adequate to determine that all requirements are met and to make a complete analysis and evaluation of the proposals. The plans are as follows:
(1)
Site layout, which shall contain the boundaries of the lot(s) in the proposed development, proposed structures, drives, parking, fences, walls, walks, outdoor lighting, loading facilities, and areas for snow storage after plowing. The first sheet in this plan shall be a locus plan, at a scale of one inch equals 100 feet, showing the entire project and its relation to existing areas, buildings and roads for a distance of 1,000 feet from the project boundaries or such other distance as may be approved or required by the Planning Board.
(2)
Topography and drainage plan, which shall contain the existing and proposed final topography at two-foot intervals and plans for handling stormwater drainage.
(3)
Utility and public safety plan, which shall include all facilities for refuse and sewerage disposal or storage of all wastes, the location of all hydrants, fire alarm and fire-fighting facilities on and adjacent to the site.
(4)
Architectural plan, which shall include the ground floor plan and architectural elevations of all proposed buildings and a color rendering.
(5)
Landscape plan, showing the limits of work, existing tree lines, and all proposed landscape features and improvements, including screening, planting areas with size and stock of each shrub or tree, proposed erosion control measures, all proposed recreation facilities and open space areas, and all wetlands, as defined under the Wetlands Protection Act, MGL c. 131, § 40, within 100 feet of any proposed construction, including floodplain areas. The site plan shall be designed to meet the additional landscaping requirements, as outlined in § 5.7.7C.
B.
The site plan shall be accompanied by a written statement indicating the estimated time required to complete the proposed project and any and all phases thereof. There shall be submitted a written estimate, showing in detail the costs of all site improvements planned.
C.
A written summary of the contemplated projects shall be submitted with the site plan indicating evidence of compliance with parking and off-street loading requirements, the forms of ownership contemplated for the property and a summary of the provisions of any ownership or maintenance thereof, identification of all land that will become common or public land, and any other evidence necessary to indicate compliance with this bylaw.
D.
A table with the following information:
(1)
Area of lot.
(2)
Area and size of building.
(3)
Maximum area of building to be used for selling offices, business, industrial or other uses if applicable.
(4)
Maximum number of employees where applicable.
(5)
Maximum seating capacity where applicable.
(6)
Maximum sleeping capacity where applicable.
(7)
Number of parking spaces required for the intended use, based on Section 5.3.
(8)
Number of parking spaces existing at the site (including street parking adjacent to site).
(9)
Number of residential units, if applicable.
E.
A site plan review application complete with name of owner and/or applicant. Where any site plan review is submitted by an individual or agency other than the owner of the affected land, the applicant must provide an original letter from the owner authorizing the applicant to submit the site plan review with an original notarized signature. A copy of any purchase and sales agreement, along with evidence of the owner's rightful ownership of the land, such as a deed, must be submitted with all applications. Where the owner is a corporation, corporate documents must be submitted indicating who has signed authority to enter into agreements on behalf of the corporation. Applications shall include a municipal lien certificate, or similar document, indicating no outstanding taxes or assessments are due on the property.
F.
The site plan shall be accompanied by drainage calculations by a registered professional engineer. Storm drainage design must conform to the Town of Ashburnham Planning Board Subdivision Rules and Regulations,[1] the Massachusetts Stormwater Policy as well as any other stormwater design requirements of the Town of Ashburnham.
G.
The Planning Board may require a narrative statement detailing the impact of the proposed use on municipal services and the environment. Such statement shall conform to § 475-3.15, Development impact statements, of the Town of Ashburnham Planning Board Subdivision Rules and Regulations.
5.7.6 Waiver of technical compliance and site plan review level.
A.
The Planning Board may, upon written request of the applicant, waive any of the requirements of Section 5.7, where the project involves relatively simple development plans or constitutes a minor site plan. An application for permits to build, alter or expand any nonresidential building, structure or use in any district where such construction will exceed a total gross floor areas of 500 square feet but not exceed a total gross floor area of 2,000 square feet, or an application which will not generate the need for more than five parking spaces shall be deemed as a "minor site plan." Any application for permits to build, alter or expand any nonresidential building, structure or use in any district where such construction will exceed 2,000 square feet, or generates the need for more than five parking spaces shall be deemed a "major site plan." For the purposes of computing the total gross floor area of a minor site plan, the Planning Board shall aggregate all such applications made within the five previous calendar years.
B.
Minor site plans shall set forth all of the information required by § 5.7.5; provided, however, that the scale of the site plan may be one inch equals 80 feet, and the plan may depict topographical contours at intervals available on maps provided by the United States Geological Survey, unless the Planning Board waives any other of the requirements, as authorized by this section.
C.
In addition, for site plan review applications that involve a change of use or for new construction that is less than or equal to 500 square feet, the applicant shall submit a request for a plan review to the Building Inspector on an application form determined by the Building Inspector, along with sufficient plans and documentation to fully describe the proposed use and/or structure and its site. Upon submission of an application the Building Inspector deems complete, the Building Inspector shall transmit copies of such application, plans and documentation to those Town officials as specified in § 5.7.3 as well as the Planning Board. The Building Inspector shall have 30 days from time of completed application to review and make determination on such plan review applications.
5.7.7 Approval and review objectives.
Site plan approval shall be granted upon determination by the Planning Board that the plan meets the following objectives. Site plan review applications located in the Ashburnham Village Center Zoning District shall also meet the Center Village District Site Plan Review Principles in Chapter 475, Part 6, of the Planning Board's Subdivision Rules and Regulations and those in Subsection B. Any new building construction or other site alteration shall provide adequate access to each structure for fire and service equipment and adequate provision for utilities and stormwater drainage consistent with the functional requirements of the Planning Board's Subdivision Rules and Regulations.[1] New building construction or other site alteration shall be designed in the site plan, after considering the qualities of the specific location, the proposed land use, the design of building form, grading, egress points, and other aspects of the development so as to the objectives in Subsection A below.
A.
General review objectives.
(1)
Minimize the volume of cut and fill, the number of removed trees 10 inches caliper or larger, the length of removed stone walls, the area of wetland vegetation displaced, the extent of stormwater flow increase from the site, soil erosion, and the threat of air and water pollution.
(2)
Maximize pedestrian and vehicular safety both on the site and exiting from it.
(3)
Minimize obstruction of scenic views from publicly accessible locations.
(4)
Minimize visual intrusion by controlling the visibility of parking, storage, or other outdoor service areas viewed from public ways or premises residentially used or zoned.
(5)
Minimize glare from headlights and lighting intrusion.
(6)
Minimize unreasonable departure from the character, materials, and scale of buildings in the vicinity, as viewed from public ways and places.
(7)
Minimize contamination of groundwater from on-site wastewater disposal systems or operations on the premises involving the use, storage, handling, or containment of hazardous substances.
(8)
Ensure compliance with the provisions of this Zoning Bylaw, including parking and landscaping.
B.
Village Center review objectives.
(1)
In addition, the following review objectives shall be applicable for any site plan review applications located within the Ashburnham Village Center Zoning District.
(a)
No off-street parking area, except for one required driveway, shall be located between the street line and the front line of the building.
(2)
The Planning Board may establish and adopt design review principles and standards, beyond those outlined for the Village Center, intended to guide the applicant in the development of site and building design and consider these principles and standards in its review of proposed actions. These principles and standards shall not be regarded as inflexible requirements and they are not intended to discourage creativity, invention or innovation. The Planning Board is specifically precluded from mandating any official aesthetic style for Ashburnham or for imposing the style of any particular historical period.
C.
Landscaping requirements.
(1)
Required landscaping shall be provided as set forth in Table A.
(2)
Buffers along street lines and other landscaped areas required by Table A (other than buffers protecting residential uses and/or districts) shall be reserved exclusively for plantings, pedestrian facilities such as benches and walkways, required fences, necessary traffic control signs and those freestanding signs which conform to the requirements of Section 5.2 of this bylaw. Required buffers protecting residential uses and/or districts shall be reserved exclusively for plantings and fences. The site plan review application shall include a chart showing the following information:
(a)
Number of trees and/or shrubs required.
(b)
Number of trees and/or shrubs shown on plan.
Table A Required Landscaping | |||
|---|---|---|---|
Requirement by Lot Area | Percent of Total Automobile Parking and Circulation Area To Be Landscaped | Depth of Buffer Along Street Lines (feet) | Width of Buffer for Abutting Residential Uses and/or Districts (feet) |
Up to and including 15,000 square feet | No requirements | 5 | 5 |
15,001 to 30,000 square feet | 4% | 5 | 5 |
30,001 to 43,560 SQUARE Feet | 5% | 10 front yard street line 5 all other street lines | 10 |
43,561 to 100,000 square feet | 6% | 10 front yard street line 5 all other street lines | 10 |
100,001 square feet up to but not including 217,800 square feet (5 acres) | 7% | 15 front yard street line 17 all other street lines | 15 |
5 acres or more | 8% | 25 front yard street line 20 all other street lines | 20 |
5.7.8 Lapse.
Site plan approval shall lapse after two year(s) from the grant thereof if a substantial use has not sooner commenced except for good cause. Such approval may, for good cause, be extended in writing by the Planning Board upon the written request of the applicant.
5.7.9 Regulations.
The Planning Board may adopt and from time to time amend reasonable regulations for the administration of these site plan requirements.
5.8.1 Intent.
To avoid large year-to-year variations in development rates in Ashburnham while allowing development consistent with history average rates.
5.8.2 Single-family and two-family conversion limitation.
A.
The Building Inspector shall issue no more than 36 building permits for the construction of new residential dwelling units per calendar year. All completed applications will be signed and dated upon receipt. For the purpose of this section, an application shall be accepted for review only if it conforms to all applicable building and zoning requirements and has received all necessary approvals from pertinent Town boards, including the Board of Health, Planning Board, Zoning Board of Appeals, and Conservation Commission. After 36 permits have been issued for that year, applications will no longer be accepted until the start of the following calendar year. No permits shall be carried over from one calendar year to the next. Building permits for no more than six dwelling units shall be issued to any one applicant within a calendar year, unless the development schedule in Subsection B allows a greater number.
B.
Development schedule:
(1)
Building permits for new dwelling units in a development shall be authorized in accordance with the following schedule, only if the Town-wide limit referred to in Subsection A has not been reached. Dwelling units shall be considered as part of a single parcel or contiguous parcels of land which have been in the same ownership at any time subsequent to the date of adoption of this section.
Number of New Units in Development | Dwelling Units Allowed Per Year |
|---|---|
1 - 4 | 100% |
5 - 12 | 40% |
13 - 20 | 33% |
21+ | 20% |
(2)
In computing the number of dwelling units authorized under a schedule, the figure shall be rounded to the nearest whole number. This yearly schedule shall commence on the date of the issuance of the first building permit in a development.
C.
Special development. A special permit may be granted by the Zoning Board of Appeals authorizing more rapid development than allowed under Subsection B for housing development determined by that Board to have unusually low impact on public services because of its location, occupancy, or design, and to serve an important unmet housing need of Ashburnham residents without overburdening Town services.
5.8.3 Zoning change protection.
5.8.4 Review.
This Section 5.8 shall be reviewed by the Planning Board five years after its approval and may be amended or deleted in accordance with MGL c. 40A, § 5.
5.8.5 Validity.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
5.9.1 Purpose.
It is the intent and purpose of this Section 5.9 to regulate adult entertainment establishments to promote the health, safety and general welfare of the citizens of Ashburnham and to guard against adverse secondary effects on the youth of the Town. Furthermore, it is the intent and purpose to establish reasonable and uniform regulations to prevent any deleterious location and concentration of adult entertainment establishments within the Town, thereby reducing the adverse secondary effects from such adult entertainment establishments. The provisions of this Section 5.9 have neither the purpose nor effect of imposing limitations or restrictions on the content of any communicative materials. Similarly, it is not the intent nor effect of this Section 5.9 to condone or legitimize the distribution of obscene material.
5.9.2 Definitions.
Shall include the following uses:
Adult bookstores, as defined by MGL c. 40A, § 9A;
Adult motion-picture theaters, as defined by MGL c. 40A, § 9A;
Adult paraphernalia store, as defined by MGL c. 40A, § 9A;
Adult video store, as defined by MGL c. 40A, § 9A;
Establishment which displays live nudity for its patrons, as defined by MGL c. 40A, § 9A.
5.9.3 Adult Entertainment Overlay District.
The Adult Entertainment Overlay District is established over all the zoning districts of the Town of Ashburnham, except for the Village Center-Commercial and Village Center-Residential Zoning Districts. The Adult Entertainment Overlay District use regulations shall be as herein described in the Adult Entertainment District.
5.9.4 Spacing requirements.
A.
Special permits shall not be granted for an adult entertainment establishment if it is to be located less than 1,000 feet from the following uses. Measurement of distances shall be from the lot line of any of the uses described herein.
(1)
Another adult entertainment establishment.
(2)
Residential users.
(3)
Public or private nursery schools.
(4)
Public or private day-care centers.
(5)
Public or private kindergartens.
(6)
Public or private elementary schools.
(7)
Public or private secondary schools.
(8)
Playgrounds, parks, or athletic fields.
(9)
Religious institutions.
(10)
Governmental buildings.
B.
Reduction of spacing requirement. The Board of Appeals may waive the 1,000-foot restriction contained in Subsection A by special permit; provided, however, that the Board of Appeals shall not, under any circumstances, grant a special permit for an adult entertainment establishment which shall be closer than 750 feet to any of the uses listed in Subsection A. To grant a special permit reducing the spacing requirement, the Board shall find that:
(1)
The proposed use will not be contrary to the public intent or injurious to nearby properties and that the spirit of this chapter will be observed;
(2)
The proposed use will not enlarge or encourage the development of a "skid row" area;
(3)
The establishment of an additional regulated use in that area will not be contrary to any program of neighborhood conservation nor will it interfere with any program or urban renewal;
(4)
All applicable regulations of this chapter will be observed; and
(5)
No portion of the establishment shall be located on the ground level of any building.
5.9.5 Special permit required; conditions.
A.
Special permit. No adult entertainment establishment shall commence operations without first applying for and receiving a special permit from the Board of Appeals.
B.
Conditions. The following conditions shall be attached to any special permit for adult entertainment establishments:
(1)
Adult entertainment establishments shall not be allowed within a building containing other retail, consumer or residential users.
(2)
No adult entertainment establishment shall be located within 60 feet of a public or private way.
(3)
Any adult entertainment establishment shall cease its operations between the hours of 11:00 p.m. and 11:00 a.m. each day.
(4)
No adult entertainment establishments may have visible from the exterior of the premises any flashing lights.
(5)
At all times when an adult entertainment establishment is open for business, the entire area of the premises must be continually illuminated to the degree of not less than one footcandle (measured 30 inches from the floor), except those portions of the room covered by furniture.
5.10.1 Where permitted; types of structures permitted.
Open space residential development (OSRD) in accordance with this bylaw shall be allowed by right as a type of subdivision in the R-A, R-B and G-B Zones, on one or more parcels of land in common ownership, except for parcels located in the Floodplain District. OSRD may consist of any combination of single-family and two-family structures in which the buildings are clustered together in one or more groups in accordance with this bylaw. Multifamily structures of not more than four units may also be permitted by the Planning Board if they serve the purpose of the OSRD Bylaw, as stated in § 5.10.2. The land not included in the building lots shall be preserved as open space.
5.10.2 Purpose.
The purpose of an OSRD is to encourage the preservation of open land by providing an alternative pattern of development through which the following objectives are likely to be met:
A.
Greater flexibility and creativity in the design of residential subdivisions, provided that the overall density of the development is no greater than that which is normally allowed in the district;
B.
The permanent preservation of open space, agricultural lands, forest lands, and other natural resources and to encourage a less sprawling form of development that consumes less open land;
C.
Maintain the traditional New England rural character and land use pattern in which small villages contrast with open space and farm land;
D.
The construction of street(s), utilities and public services in a more economical and efficient manner;
E.
Respect for the natural features of the land, including wetlands, watercourses, forests, prime agricultural land, steep slopes, plants, wildlife, historic sites, scenic areas, and rural character;
F.
Promote alternatives to strip residential development lining the roadsides in the Town to preserve the unobstructed natural views from roadways;
G.
Promote the development of housing affordable to low- and moderate-income families;
H.
Provide wildlife corridors connecting open spaces, needed by wildlife to ensure their survival;
I.
To protect and enhance the value of real property;
J.
To provide for a diversified housing stock.
5.10.3 Definitions.
Any combination of dwelling units restricted in perpetuity as affordable to persons or families qualifying as an income-eligible household. The affordable restriction shall be approved as to form by the Town Counsel, and a right of first refusal upon transfer of such restricted units shall be granted to the Town or its designee for a period of not less than 120 days after notice thereof.
The number of dwelling units that would be allowed under the Ashburnham Zoning Bylaw.
Any open space set aside, dedicated, designated or reserved for use as passive, recreation, conservation, agriculture, forestry, natural buffers, and active recreation as permitted by this bylaw. Common open space shall be contiguous open space wherever possible and shall not include roadways, parking areas or private yards.
A household of one or more persons whose maximum income does not exceed 80% of the area median income, adjusted for household size, or as otherwise established by the Massachusetts Department of Housing and Community Development in guidelines.
Any parcel or area of land or water essentially unimproved or set aside, dedicated, designated or reserved for public or private use and enjoyment of the owners and occupants of an OSRD as permitted by this bylaw.
5.10.4 Authority.
The Planning Board shall act as the approving authority for OSRD applications. The Planning Board may adopt, and from time to time amend, rules and regulations consistent with the provisions of this bylaw and MGL c. 40A and other provisions of the General Laws, including Rules and Regulations Governing the Subdivision of Land,[1] and shall file a copy of said rules and regulations with the Town Clerk.[2]
5.10.5 Applicability.
A.
An open space residential development (OSRD) may be proposed in accordance with this bylaw within the R-A, R-B, and G-B Zoning Districts.
B.
Subsection A above applies only to subdivisions of land as defined in MGL c. 41, § 81L, and not to construction of homes or businesses on individual lots that existed prior to (Town Meeting Date) or to lots created through the "Approval Not Required" process with frontage on public ways existing as of May 5, 2012 described in the Ashburnham Planning Board Rules and Regulations Governing the Subdivision of Land.[1] However, if a subdivision approval is not required because a new roadway is not proposed; an applicant may nevertheless apply for an open space residential development under this Section 5.10. In such a case, the application shall be subject to site plan review as described in Section 5.7.
5.10.6 Design process.
At the time of the application for an OSRD, applicants are required to demonstrate to the Planning Board that the following design process was performed by a multidisciplinary team of which one member must be a certified landscape architect and considered in determining the layout of proposed streets, house lots, unit placement if treated as a condominium, including designation of all common areas and open space.
A.
Identifying conservation areas. Identify preservation land by two steps. First, Primary Conservation Areas (such as wetlands, riverfront areas, and floodplains regulated by state or federal law) and Secondary Conservation Areas (including unprotected elements of the natural landscape such as steep slopes, mature woodlands, prime farmland, meadows, wildlife habitats and cultural features such as historic and archaeological sites and scenic views) shall be identified and delineated. Second, the Potentially Developable Area shall consist of land outside identified Primary and Secondary Conservation Areas.
B.
Locating house sites. Locate the approximate sites of individual houses within the Potentially Developable Area and include the delineation of private yards and shared amenities, so as to reflect an integrated community.
C.
Aligning the streets and trails. Align streets in order to access the house lots or units. Additionally, new trails should be laid out to create internal and external connections to existing and/or potential future streets, sidewalks, and trails.
D.
Lot lines. Draw in the lot lines using assumed lot lines if the ownership is in condominium, cooperative or other similar form of common ownership.
5.10.7 Design standards.
The following generic and site-specific design standards shall apply to all OSRD plans and shall govern the development and design process:
A.
Generic design standards.
(1)
The landscape shall be preserved in its natural state, insofar as practicable, by minimizing tree and soil removal. Any grade changes shall be in keeping with the general appearance of the neighboring developed areas. The orientation of individual building sites shall be such as to maintain maximum natural topography and cover. Topography, tree cover, surface water buffers, and natural drainageways shall be treated as fixed determinants of road and lot configuration rather than as malleable elements that can be changed to follow a preferred development scheme.
(2)
Streets shall be designed and located in such a manner as to maintain and preserve natural topography, significant landmarks, and trees; to minimize cut and fill; and to preserve and enhance views and vistas on or off the subject parcel.
(3)
All open space (landscaped and usable) shall be designed to add to the visual amenities of the area by maximizing its visibility for persons passing the site or overlooking it from nearby properties.
(4)
The removal or disruption of historic, traditional or significant uses, structures, or architectural elements shall be minimized insofar as practicable, whether these exist on the site or on adjacent properties.
B.
Site-specific design standards.
(1)
Parking. Each dwelling unit shall be served by two off-street parking spaces. Parking spaces in front of garages may count in this computation. Calculations for parking spaces in these developments shall be rounded up to the nearest integer where necessary. The Planning Board may choose to modify these requirements during the review process in response to conditions specific to an individual proposal.
(2)
Drainage. The Planning Board shall encourage the use of low-impact development techniques that reduce impervious surface and enable infiltration where appropriate.
(3)
Screening and landscaping. All structural surface stormwater management facilities shall be accompanied by a conceptual landscape plan.
(4)
On-site pedestrian and bicycle circulation. Walkways, trails and bicycle paths shall be provided to link residences with recreation facilities (including parkland and open space) and adjacent land uses where appropriate.
5.10.8 Design criteria.
A.
Where the proposed development abuts a body of water, a portion of the shoreline, as well as reasonable access to it, shall be part of the common open space.
B.
Residences shall be grouped so that the greatest number of units can be designed to take advantage of solar heating opportunities; so that scenic views and long views remain unobstructed, particularly those seen from roads; so that habitat areas and species listed as endangered, threatened, or of special concern by the Massachusetts Natural Heritage Program shall be protected; and so that historic and prehistoric sites and their environs shall be protected.
C.
In areas greater than 20% slope or upon hilltops and ridgelines, lots shall be laid out, to the greatest extent possible, to achieve the following objectives:
(1)
Building sites shall be located so that the silhouettes of structures will be below the ridgeline or hilltop or, if the site is heavily wooded, the building silhouettes shall be at least 10 feet lower than the average canopy height of the trees on the ridge or hilltop.
(2)
Where public views will be unavoidably affected by the proposed use, architectural and landscaping measures shall be employed so as to minimize significant degradation of the scenic or aesthetic qualities of the site.
(3)
The removal of native vegetation shall be minimized.
(4)
Any grading or earthmoving operation in conjunction with the proposed development shall be planned and executed in such a manner that the final contours are consistent with the existing terrain, both on and adjacent to the site.
(5)
Safeguards shall be employed where needed to mitigate against environmental degradation from erosion, sedimentation, water pollution, or flooding.
5.10.9 Roads.
The principal roadway(s) serving the site shall be designed to conform to the standards of the Rules and Regulations of the Planning Board. OSRDs shall have access on a public way, a way approved by the Planning Board or a way approved under the Subdivision Control Law.
5.10.10 Open space requirements.
A.
A minimum of 50% of the site shall be open space. The percentage of this open space that can be wetland shall not exceed the percentage of wetland for the entire site under existing conditions as shown on the OSRD plan. Percentage is calculated by dividing the total wetland acres by the total site acres. A sample calculation is provided below:
Sample Calculation |
|---|
Existing Conditions: |
12-acre site with 3 acres of wetland |
3 ÷ 12 = 25% wetland coverage |
Open Space Requirements: |
50% Open Space = 6 acres |
Wetland Allowance: |
6 acres * 25% wetland coverage = 1.5 acres |
Open space can be 4.5 acres of upland and 1.5 acres of wetland |
B.
Description of restriction on open space. Further subdivision of open space, or its use for other than conservation, agriculture, forestry, or noncommercial recreation, shall be prohibited, and the approved plan shall be so endorsed in writing. These restrictions shall be granted in a conservation restriction in accordance with MGL c. 184, §§ 31 and 32 in perpetuity, to a grantee approved by the Planning Board, a copy of which is filed with the Massachusetts Executive Office of Environmental Affairs recorded in the Northern District Worcester County Registry of Deeds, shall be enforceable by the Town of Ashburnham, and shall provide that such land shall be kept in an open or natural state and not built upon for residential use or developed for accessory uses, including parking or roadways.
(1)
At least 70% of the common open space shall be contiguous open space, unless otherwise approved by the Planning Board.
(2)
The open space shall be used for wildlife habitat and conservation and the following additional purposes: historic preservation, outdoor education, passive recreation, aquifer protection, agriculture, horticulture, forestry, a combination of these uses, and shall be served by suitable access for such purposes. The Planning Board may permit a small portion of the open space to be paved or built upon for structures accessory to the dedicated use or uses of such open space (i.e., pedestrian walks and bike paths) so long as it supports the primary and secondary purposes of the OSRD and is consistent with state and local level environmental protections.
(3)
Limited access to common open space may be allowed in the form of a walking or hiking/biking path, the total area of which must be no more than 2% of the total common open space area.
(4)
If the OSRD is located in an area currently in agricultural use or containing agricultural soils as determined by the U.S. Soil Conservation Service, the landowner is not required to sell that part of the property which is to become permanent agricultural open space. Said owner shall, however, convey the development rights of that open space in a conservation restriction pursuant to MGL c. 184, §§ 31 and 32 et seq. filed with the Massachusetts Executive Office of Environmental Affairs and enforceable by the Town of Ashburnham, prohibiting future development of the property.
(5)
Any wastewater and stormwater management systems serving the OSRD may be located within the open space. Surface systems, such as retention and detention ponds, shall not qualify towards the minimum open space required unless approved by the Planning Board. Open space serving such systems is required to be under the control/ownership of either the developer or homeowners' association to allow for maintenance.
5.10.11 Ownership of open space.
The open space shall be conveyed to:
A.
The Town of Ashburnham, for a park or open space use if accepted by the Town; or
B.
A nonprofit organization, the principal purpose of which is the conservation of open space; or
C.
A corporation, trust, or association owned by the owners of the lots or residential units within the development; or
D.
Remain under ownership of the original property owner, who has conveyed the development rights to this part of the parcel to the developer who in turn has conveyed an undivided equal interest in these rights to each new homeowner in the development; or
E.
A new owner, subject to the conditions in Subsection D, above; or any combination of the above, subject to approval of the Planning Board.
F.
Where applicable, a nonprofit incorporated homeowners' association shall be established requiring membership of each lot owner in the OSRD. The homeowners' association shall be responsible for the permanent maintenance of all commonly owned water and septic systems, open space, recreational and thoroughfare facilities, including but not limited to private ways and common driveways. A homeowners' association agreement or covenant shall be submitted with the OSRD application guaranteeing continuing maintenance of such common land and facilities, and assessing each lot a share of maintenance expenses. Such agreement shall be subject to the review and approval of the Town Counsel and the Planning Board.
G.
In any case when the common open space is not to be conveyed to the Town, the application for an OSRD shall include a description of how and when the common open space shall be preserved in perpetuity. The applicant shall also provide as part of this description, a proposal agreement authorizing and empowering the Town to perform any and all maintenance of the common open space, and any other facilities in common ownership in the event of a failure to comply with common open space preservation plan or agreement and/or any other agreement, whether a homeowners' agreement or otherwise, to maintain the common open space and/or any facilities in common ownership, and providing that, if the Town is required to perform any maintenance work, the owners of the lots within the OSRD shall pay the costs thereof and that these costs shall constitute a lien upon those lots until such costs have been paid in full.
5.10.12 Common driveways.
A.
Common driveways serving no more than five residential units may be allowed in the OSRD, provided that they meet one of the following:
(1)
The provision of individual driveways to the lots to be served by the proposed common driveway would require curb cuts which are separated by less than 60 feet along the exterior street line;
(2)
The provision of individual driveways to the lots to be served by the proposed common driveway would allow no alternative but to cross a "wetland resource area", as defined by MGL c. 131, § 40, and/or the Town of Ashburnham Wetlands Protection Bylaw,[1] or to cross any land in the Floodplain District as described in Part 2 of the Town's Zoning Bylaws;
(3)
One or more alternate individual driveways which would be necessary in the absence of the proposed common driveway would intersect the roadway at a point of insufficient traffic sight distance, as determined by the Planning Board;
(4)
The provision of individual driveways to the lots to be served by the proposed common driveway would adversely affect a significant natural feature or vista.
B.
The common driveway shall access the property over the frontage of at least one of the lots being served by the driveway.
C.
The common driveway shall not be in excess of 500 feet in length.
D.
The owners of the properties to be served by the common driveway shall provide evidence to the Planning Board that they have a deeded right to the common driveway.
E.
The common driveway shall provide adequate access and turnaround for vehicles, including moving vans, snowplows, ambulances, fire, and police vehicles. To provide such adequate access, the common driveway shall be built to meet standards as outlined in the Town of Ashburnham Planning Board Rules and Regulations, as amended.[2]
F.
All installation of utilities shall meet the requirements as outlined in the Town of Ashburnham Planning Board Rules and Regulations, as amended.
G.
Permanent signs indicating the street number address assigned to each lot served by the common driveway shall be installed within 10 feet of the intersection of the common driveway with the street, as well as within 10 feet of the intersection of an individual lot driveway with the common driveway. Numbered signs shall be placed in a manner that will not cause them to be blocked during heavy snow pack and/or snow removal.
H.
Approval of a common driveway(s) in an OSRD shall be subject to a covenant by and between the developer and the Planning Board recorded in the chain of title and running with the land, on a form approved by the Planning Board, acknowledging that the common driveway approval was granted in consideration of the conditions contained within the decision of an OSRD and the grant of covenant, and that the owner, his heirs, executors, successors and assigns, agree that the common driveway shall never be submitted to Town Meeting for a vote to have it become an accepted street. This paragraph authorizes the Planning Board to accept the covenant on behalf of the Town.
I.
A lot in an OSRD may be served by a common driveway only if it meets the requirements of § 5.10.13 of this bylaw, and the ownership of the lot provides mandatory membership in an owners' association responsible for annual and long-term maintenance, including, but not limited to, removal of ice and snow from the common drive. The plan required under § 5.10.15 shall identify all land that is to be held and administered by the mandatory owners' association. It shall bear restrictions satisfactory to the Planning Board, to run with the land, restricting the way shown to remain private property and not to be extended, and any other restrictions and easements that are required for common driveway development by these bylaws. It shall incorporate by reference the document(s), satisfactory to the Town Counsel and the Planning Board, creating the mandatory owners' association and setting forth restrictive covenants and easements binding present and future owners of all the lots served by the common driveway. Such document(s) must include, at a minimum, the following:
(1)
Specific standards for the maintenance of all structures designed to be requirements of a common driveway, including, but not limited to, the travel way, drainage system, and signage;
(2)
Provisions for allocating responsibility for snow removal, maintenance, repair, or reconstruction of the common driveway, drainage system, and signage;
(3)
Text of proposed easement, including the metes and bounds description;
(4)
A procedure for the resolution of disagreements.
5.10.13 Reduction of dimensional requirements.
Applicant may propose to modify lot size, unit placement, shape, and other dimensional requirements for lots within an OSRD, subject to the following limitations:
A.
Frontage. Lots having reduced area or frontage shall not have frontage on a street other than a street created by the OSRD; provided, however, that the Planning Board may waive this requirement where it is determined that such reduced lot(s) will further the goals of this bylaw. The minimum frontage may be reduced from the frontage otherwise required in the zoning district; provided, however, that no lot shall have less than 50 feet of frontage.
B.
Setbacks. Every dwelling fronting on the proposed roadways shall be set back a minimum of 20 feet from the roadway right-of-way, and 10 feet from any rear or side lot line. In no event shall structures be closer than 20 feet to each other. Where structures containing three to four dwelling units are being proposed, the side lot lines between units may be zero feet; however, the distance between structures shall be a minimum of 20 feet.
5.10.14 Increases in permissible density.
The Planning Board may award a density bonus to increase the number of dwelling units beyond the basic maximum number for an OSRD plan. The density bonus for the OSRD shall not, in the aggregate, exceed 30% of the basic maximum number. Computations shall be rounded down to the next whole number. A density bonus may be awarded in the following circumstances:
A.
For each additional 10% of the site (over and above the required 50%) set aside as open space, a bonus of one additional dwelling unit beyond the basic maximum number may be awarded.
B.
For every two dwelling units restricted in perpetuity to occupancy by persons or families that qualify as income-eligible households, one dwelling unit may be added as a density bonus beyond the basic maximum number. Affordable housing units may be used toward density bonuses only if they can be counted toward the Town's affordable housing inventory as determined by the Massachusetts Department of Housing and Community Development. The applicant shall provide documentation demonstrating that the unit(s) shall count toward the community's affordable housing inventory to the satisfaction of the Planning Board. Additional lots allowed under Subsection B will become buildable as additional dwelling unit(s) upon completion and sale of said deed-restricted home, or upon donation of, and recording of a deed to, the lot set aside for such deed-restricted home to the Town or to a public or nonprofit housing agency or trust. The permanently deed-restricted affordable home or lot shall not be subject to the growth management provisions of Section 5.8.
C.
For every historic structure preserved and subject to a historic preservation restriction, one dwelling unit may be added to the basic maximum number.
5.10.15 Administration.
A.
Relation to Subdivision Control Law. To facilitate timely processing, promote better communication and avoid misunderstanding, applicants are encouraged to submit a preliminary subdivision plan. This plan should include alternative OSRD designs and must include how a non-OSRD, or conventional, subdivision design would appear. Such plan shall show the basic maximum number of dwelling units that would be allowed under Ashburnham Zoning Bylaw via conventional residential subdivision.
B.
Submission requirements.
(2)
Each OSRD application and plan shall provide the following additional information:
(a)
The location and acreage of areas to be devoted to specific uses.
(b)
The proposed location of parks, open spaces, and other public and community uses.
(c)
Developments on municipal sewer systems: written approval certifying tie-in to municipal sewage from the Ashburnham Water and Sewer Commission.
(d)
On-site septic development: a sanitary survey sewage feasibility report by a registered professional civil engineer licensed in Massachusetts. The purpose of the report is to evaluate the feasibility of the ground for subsurface disposal of septic tank effluents, based on soil characteristics and test borings, water table, natural drainage patterns and other observation by the engineer.
[1]
The report shall take into consideration the following factors: location of deep holes, to be shown on the appropriate map; topographic and ground level conditions; natural drainage patterns; flood heights of nearby waterways; underlying soil characteristics, absorption qualities, maximum groundwater elevations and distances to bedrock; and location and dimensions of abutting off-site sewage disposal systems if within 100 feet of property lines to be shown on an appropriate map.
[2]
The report shall contain a statement by the civil engineer of why the septic system design and location is the most suitable of considered alternatives for on-site sanitary sewage disposal systems as indicated in Title V, the State Environmental Code. The Ashburnham Board of Health has final jurisdiction over all on-site septic systems.
(e)
The organization the applicant proposes to own and maintain the open space land, in accordance with § 5.10.11.
(f)
Draft copies of all proposed covenants, agreements, and other restrictions the applicant proposes and is required to provide in accordance with this bylaw.
(g)
Proposed gross density of entire development tract, amount of open space required in accordance with § 5.10.10, and amount of open space retained.
(h)
A yield plan shall also be provided showing the basic maximum number of dwelling units that could be created for residential purposes via a conventional residential subdivision.
(i)
Any and all other information from the definitive subdivision regulations of the Town of Ashburnham that the Planning Board may require to assist in determining whether the proposed OSRD meets the objectives and standards as set forth in this bylaw.
C.
Review and approval process. Applications under this bylaw shall be processed and reviewed in accordance with the Subdivision Control Law, including but not limited to Planning Board review of the reports and recommendations of the Conservation Commission, Board of Health and Town Engineer.
5.10.16 Conservation Commission review.
No endorsement of a plan will be made until the Conservation Commission has completed an order of conditions and has been registered with the Northern Worcester County Registry of Deeds and made part of the plans. Any further changes required by the Conservation Commission shall meet the approval of the Planning Board's consulting engineer prior to endorsement.
5.10.17 Review for compliance.
The OSRD Plan shall show compliance with the requirements of this bylaw and shall show any other particular features of the OSRD as requested by the Planning Board or required by the applicable rules and regulations to enable the Planning Board to determine compliance with this bylaw.
5.10.18 Waiver of compliance.
The Planning Board may waive strict compliance with such requirements of this Section 5.10, where such action is in the public interest and not inconsistent with the purpose and intent of the Zoning Act or this Section 5.10.
5.10.19 Validity.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
5.11.1 Allowed by special permit.
Common driveways may be allowed by special permit in accordance with the provisions of this Section 5.11.
5.11.2 Purpose.
The purpose of allowing access to no more than three lots in any zoning districts, except in an open space residential development, over a common driveway is:
A.
To enhance public safety by reducing the number and frequency of points at which vehicles may enter upon the ways used by the public, particularly arterial streets as defined in the Rules and Regulations Governing the Subdivision of Land in Ashburnham, Massachusetts;[1]
B.
To preserve, protect, and enhance environmentally sensitive land, such as well discharge areas, wetlands and floodplains, by reducing the area of land that is cleared, excavated, filled and/or covered with impervious material;
C.
To encourage the protection and preservation of significant features and vistas.
5.11.3 Applicability and requirements.
The Planning Board may grant a special permit for common driveways serving no more than three lots, except as specified in § 5.10.12 for open space residential developments, each with approved frontage on a public way or a way approved by the Planning Board, upon receipt of an application and a site plan prepared by a registered engineer and showing that such common driveway meets the following requirements:
A.
The common driveway shall not be in excess of 500 feet in length;
B.
The common driveway shall not enter any roadway at a point separated by less than 100 feet from an intersection. On a state-numbered highway, the common driveway shall not enter the roadway at a point separated by less than 100 feet from any other driveway, curb cut, or intersection;
C.
The common driveway shall not be allowed if it would serve as the primary means of access to property which is publicly controlled or which serves a public purpose;
D.
Permanent signs indicating the street number address assigned to each lot served by the common driveway shall be installed within 10 feet of the intersection of the common driveway with the street, as well as within 10 feet of the intersection of an individual lot driveway with the common driveway. Numbered signs shall be placed in a manner so that they will not be blocked during heavy snow pack and/or the driveway;
E.
The common driveway shall access the property over the frontage of either or both of the lots served by the driveway;
F.
The applicant shall provide evidence to the Planning Board that the owners of the properties to be served by the common driveway have a deeded right to the common driveway;
G.
The common driveway shall have an easement width of not less than 24 feet and the travel portion shall be no less than 14 feet in width and shall be treated with an all-weather surface. The width requirement shall apply only to that portion of a driveway which is used in common by more than one lot. The maximum grade shall be 10%. The minimum grade shall be 1%, with a 3% maximum grade within 50 feet of its intersection with a street right-of-way.
H.
No common driveway shall be accepted as a public road nor shall the Town under any circumstances be held liable for construction, reconstruction, maintenance, or snow removal on any common driveway.
I.
A lot may be served by a common driveway only if the ownership of the lot provides mandatory membership in an owners' association responsible for annual and long-term maintenance, including, but not limited to, removal of ice and snow from the common drive. The site plan shall identify all land that is to be held and administered by the mandatory owners' association. It shall bear restrictions satisfactory to the Planning Board and the Town Counsel, to run with the land, restricting the way shown to remain private property and not to be extended, and any other restrictions and easements that are required for common driveway development by these bylaws. It shall incorporate by reference the document(s), satisfactory to the Planning Board and the Town Counsel, creating the mandatory owners' association and setting forth restrictive covenants and easements binding present and future owners of all the lots served by the common driveway. Such document(s) shall include, at a minimum, the following:
(1)
Specific standards for the maintenance of all structures designed to be requirements of a common driveway special permit, including, but not limited to, the travel way, drainage system, and signage;
(2)
Provisions for allocating responsibility for snow removal, maintenance, repair, or reconstruction of the common driveway, drainage system, and signage;
(3)
Text of proposed easement, including the metes and bounds description;
(4)
A procedure for the resolution of disagreements. Said document(s) shall be recorded along with the site plan and public utility and drainage easements in the Northern Worcester County Registry of Deeds and shall also be recited in and attached to every deed to every lot served by the common driveway.
5.11.4 Adoption of rules and regulations.
The Planning shall adopt an application form and rules and regulations in accordance with the provisions of this bylaw. Rules and regulations shall specify the application process, type and number of required plans, and general requirements in order to assist the developer in complying with the intent of this bylaw.[1]
5.11.5 Waiver of compliance.
The Planning Board, acting as the special permit granting authority under this Section 5.11, may waive strict compliance with any requirements of this Section 5.11, where such action is in the public interest and not inconsistent with the purpose and intent of the Zoning Act or this Section 5.11.
5.11.6 Validity.
5.12.1 Purpose and intent.
The intent of permitting accessory dwelling units (ADU) is to:
A.
Provide older homeowners with a means of obtaining rental income, companionship, security, and services, thereby enabling them to stay more comfortably in homes and neighborhoods they might otherwise be forced to leave;
B.
Add moderately priced rental units to the housing stock to meet the needs of smaller households and make housing units available to moderate-income households who might otherwise have difficulty finding housing;
C.
Develop housing units in single-family neighborhoods that are appropriate for households at a variety of stages in their life cycle;
D.
Provide housing units for persons with disabilities;
E.
Protect stability, property values, and the residential character of a neighborhood.
5.12.2 Procedural requirements.
A.
Review procedure for accessory dwelling units allowed by right. The Building Commissioner shall review building permit applications for the construction/installation and use of a protected use ADU within, attached to, or detached from an existing or new dwelling unit for compliance with § 5.12.3A through K of this bylaw and other relevant bylaws and codes.
(Also see § 1.3 definitions of "accessory dwelling unit," "principal dwelling," and "protected use accessory dwelling unit," and Chapter 250 Attachment 1: Schedule of Use Regulations § 3.1.2.2m, n, and o).
B.
Review procedure for accessory dwelling units requiring special permit.
(1)
As described in this bylaw, the Planning Board, acting as the special permit granting authority (SPGA), shall grant a special permit for an accessory dwelling unit that is within, attached to, or detached from an existing dwelling unit if it finds the proposed ADU as presented in the special permit application is in compliance with § 5.12.3 as provided for in this bylaw.
(2)
The Planning Board shall adopt an application form and rules and regulations in accordance with the special permit provisions of this section of the bylaw. Rules and regulations shall specify the application process, type and number of required plans, and general requirements in order to assist the applicant in complying with the intent of this bylaw.
5.12.3 Use and dimensional regulations.
A.
The unit shall be a complete, separate housekeeping unit containing a kitchen, sleeping quarters, and bath.
B.
Any new, separate, outside entrance serving an accessory dwelling unit shall appear subordinate to the primary dwelling entrance.
C.
The gross living area of an accessory dwelling unit (including any additions) shall not be less than 300 square feet or more than 900 square feet of living space. If the accessory dwelling unit is a subdivision of the main house, the main unit cannot be made smaller than the accessory unit.
D.
Once an accessory dwelling unit, as approved by a Special Permit issued by the Planning Board, has been added to a single-family structure or lot, the accessory dwelling unit shall not be enlarged without approval of the Planning Board.
E.
An accessory dwelling unit shall not have more than two bedrooms.
F.
The construction of any accessory dwelling unit shall be in conformity with the State Building Code, Title V of the State Sanitary Code and other local bylaws and regulations.
G.
At least one off-street parking space shall be provided for the accessory dwelling unit in addition to any other off-street parking requirements in § 5.3.2 of the Zoning Bylaw. If the ADU is located not more than 0.5 miles from a public transit stop, no additional parking space shall be required.
H.
In order to encourage the development of housing units for disabled and handicapped individuals and persons with limited mobility, the Building Commissioner or the SPGA, as applicable, may allow reasonable deviation from the stated conditions where necessary to install features that facilitate access and mobility for disabled persons.
I.
In order to increase the supply of more affordable stable housing, use of an ADU as a short term rental is discouraged and only allowed with the granting of a special permit from the Planning Board wherein the Board finds that there are extenuating circumstances to permit such a use.
J.
The construction/occupation of more than one ADU, or rental thereof, on a lot shall require a special permit from the Planning Board.
K.
A Certificate of Occupancy (CO) for an approved ADU shall not be granted until a notarized letter affirming compliance with § 5.12 of this bylaw has been recorded with the Worcester Northern Registry of Deeds and proof thereof has been provided to the Building Commissioner.
5.12.4 Administration and enforcement.
A.
It shall be the duty of the Building Commissioner to administer and enforce the provisions of this bylaw.
B.
No building shall be constructed or changed in use or configuration until the Planning Board has issued a special permit, if required, and the Building Commissioner has issued a building permit. No building permit shall be issued until a sewage disposal works permit, when applicable, has first been obtained from the Board of Health and the proposed building and location thereof conform with the Town's laws and bylaws. Any new building or structure shall conform to all state and Town laws, bylaws, codes and regulations. No ADU permitted under this bylaw shall be occupied until a certificate of occupancy has been issued by the Building Commissioner.
C.
The Building Commissioner shall refuse to issue any permit which would result in a violation of any provision of this § 5.12 or in a violation of the conditions or terms of any special permit granted by the SPGA.
D.
The Building Commissioner shall issue a cease and desist order on any work in progress or on the use of any premises, either of which are in violation of the provisions of § 5.12.
E.
Construction or use according to a special permit shall conform to any subsequent amendment of this chapter unless the construction or use was begun within a period of not more than six months after the issuance of a special permit granted under this bylaw.
5.12.5 Waiver of compliance.
The Planning Board may waive strict compliance with any requirements of this bylaw, where the Planning Board finds that such waiver is in the public interest and not inconsistent with the purpose and intent of the Zoning Act or this § 5.12.
5.12.6 Validity.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
5.13.1 Purpose.
The purpose of this bylaw is to provide by special permit for the construction and operation of wind facilities and to provide standards for the placement, design, construction, monitoring, modification and removal of wind facilities that address public safety, minimize impacts on scenic, natural and historic resources of the Town of Ashburnham and provide adequate financial assurance for decommissioning.
5.13.2 Applicability.
A.
This Section 5.13 applies to all utility-scale and on-site wind facilities with capacity greater than 60 Kw proposed to be constructed after the effective date of this Section 5.13. It does not apply to single stand-alone turbines under 60 kilowatts of rated nameplate(s) capacity.
B.
Any physical modifications to existing wind facilities that materially alter the type or increase the size of such facilities or other equipment shall require a special permit.
5.13.3 Definitions.
The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.
Any utility-scale wind facility or on-site wind facility that generates 60 kilowatts of rated nameplate(s) capacity or greater on a lot.
A wind project which is located at a commercial, industrial, agricultural, institutional, or public facility that will consume more than 50% of the electricity generated by the project on-site.
The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.
The Planning Board, acting as the special permit granting authority (SPGA), shall grant a special permit for large wind energy facilities as provided for in this bylaw.
Such evidence as a reasonable mind might accept as adequate to support a conclusion.
A commercial wind facility where the primary use of the facility is electrical generation to be sold to the wholesale electricity markets.
All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, transmission, storage, collection and supply equipment, substations, transformers, service and access roads, and one or more wind turbines.
A temporary tower equipped with devices to measure wind speeds and direction, used to determine how much wind power a site can be expected to generate.
A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.
5.13.4 General requirements.
A.
Special permit granting authority.
(1)
No wind facility over 60 kilowatts of rated nameplate(s) capacity shall be erected, constructed, installed or modified as provided in this Section 5.13 without first obtaining a permit from the special permit granting authority. The construction of a wind facility over 60 kilowatts of rated nameplate(s) capacity shall be permitted within the Large Wind Energy Facility Zoning Overlay District subject to the issuance of a special permit and provided that the use complies with all requirements set forth in §§ 5.13.4, 5.13.5, 5.13.6 and 5.13.7. All such wind energy facilities shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts. No special permit shall be granted unless the special permit granting authority finds in writing that:
(a)
The specific site is an appropriate location for such use;
(b)
The use is not expected to adversely affect the neighborhood;
(c)
There is not expected to be any serious hazard to pedestrians or vehicles from the use;
(d)
No nuisance is expected to be created by the use; and
(e)
Adequate and appropriate facilities will be provided for the proper operation of the use.
(2)
Such permits may also impose reasonable conditions, safeguards and limitations on time and use and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the wind facility, should they occur.
(3)
Wind monitoring or meteorological towers shall be permitted in all zoning districts subject to issuance of a building permit for a temporary structure.
B.
Large Wind Energy Facility Overlay District. The Large Wind Energy Facility Overlay District is established over all the zoning districts of the Town of Ashburnham, except the following parcels: Map 28, Parcels 1 and 2 and Map 29, Parcels 8-13. The Large Wind Energy Facility Overlay District is located and bounded as shown on a map entitled "Large Wind Energy Facility Zoning Overlay District", Ashburnham, MA prepared by the Town Planner, dated November 13, 2008, and on file with the offices of the Town Clerk, Zoning Enforcement Officer and Town Planner.[1]
[1]
Editor's Note: A copy of the Large Wind Energy Facility Zoning Overlay District is included in Attachment 4 to this chapter.
C.
Compliance with laws, bylaws and regulations. The construction and operation of all such proposed wind facilities shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications and aviation requirements.
D.
Proof of liability insurance. The applicant shall be required to provide evidence of liability insurance in an amount and for a duration sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.
E.
Site control. At the time of its application for a special permit, the applicant shall submit documentation of actual or prospective control of the project site sufficient to allow for installation and use of the proposed facility. Documentation shall also include proof of control over setback areas and access roads, if required. "Control" shall mean the legal authority to prevent the use or construction of any structure for human habitation within the setback areas.
5.13.5 General siting standards.
A.
Freestanding large wind energy facility height. Wind facilities shall be no higher than 400 feet above the current grade of the land, provided that wind facilities may exceed 400 feet if:
(1)
The applicant demonstrates by substantial evidence that such height reflects industry standards for a similarly sited wind facility;
(2)
Such excess height is necessary to prevent financial hardship to the applicant; and
(3)
The facility satisfies all other criteria for the granting of a special permit under the provisions of this Section 5.13.
B.
Rooftop large wind energy facility height. Rooftop large wind energy facilities shall not extend more than 10 feet above the ridgeline of the structure to which they are attached.
C.
Setbacks.
(1)
Wind turbines shall be set back a distance equal to one times the overall blade tip height of the wind turbine from the nearest existing abutting residential or commercial structure and 100 feet from the nearest property line and private or public way.
(2)
Setback waiver. The special permit granting authority may reduce the minimum setback distance as appropriate based on site-specific considerations, if the project satisfies all other criteria for the granting of a special permit under the provisions of this Section 5.13.
5.13.6 Design standards.
A.
Color and finish. The special permit granting authority shall have discretion over the turbine color, although a neutral, nonreflective exterior color designed to blend with the surrounding environment is encouraged.
B.
Lighting and signage.
(1)
Lighting. Wind turbines shall be lighted only if required by the Federal Aviation Administration. Lighting of other parts of the wind facility, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.
(2)
Signage. Signs on the wind facility shall comply with the requirements of the Town's sign regulations, and shall be limited to:
(3)
Advertising. Wind turbines shall not be used for displaying any advertising except for reasonable identification of the manufacturer or operator of the wind energy facility.
(4)
Utility connections. Reasonable efforts shall be made to locate utility connections from the wind facility underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
C.
Appurtenant structures. All appurtenant structures to such wind facilities shall be subject to reasonable regulations concerning the bulk and height of structures and determining yard sizes, lot area, setbacks, open space, parking and building coverage requirements. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other and shall be contained within the turbine tower whenever technically and economically feasible. Structures shall only be used for housing of equipment for this particular site. Whenever reasonable, structures should be shaded from view by vegetation and/or located in an underground vault and joined or clustered to avoid adverse visual impacts.
D.
Support towers. Monopole towers are the only type of support for the wind facilities that shall be approved.
5.13.7 Safety, aesthetic and environmental standards.
A.
Emergency services.
(1)
The applicant shall provide a copy of the project summary and site plan to the local emergency services entity, as designated by the special permit granting authority. Upon request, the applicant shall cooperate with local emergency services in developing an emergency response plan.
(2)
Unauthorized access. Wind turbines or other structures part of a wind facility shall be designed to prevent unauthorized access.
B.
Shadow/Flicker. Wind facilities shall be sited in a manner that minimizes shadowing or flicker impacts. The applicant has the burden of proving that this effect does not have significant adverse impact on neighboring or adjacent uses through either siting or mitigation.
C.
Noise.
(1)
The wind facility and associated equipment shall conform with the provisions of the Department of Environmental Protection's (DEP) Division of Air Quality Noise Regulations (310 CMR 7.10), unless the Department and the special permit granting authority agree that those provisions shall not be applicable. A source of sound will be considered to be violating these regulations if the source:
(2)
These criteria are measured both at the property line and at the nearest inhabited residence. "Ambient" is defined as the background A-weighted sound level that is exceeded 90% of the time measured during equipment hours. The ambient may also be established by other means with consent from DEP. An analysis prepared by a qualified engineer shall be presented to demonstrate compliance with these noise standards.
(3)
The special permit granting authority, in consultation with the DEP, shall determine whether such violations shall be measured at the property line or at the nearest inhabited residence.
D.
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the wind facility and is otherwise prescribed by applicable laws, regulations, and bylaws.
E.
Rooftop wind energy facilities installation. Wind facilities sited on top of, attached to and extending above the ridgeline of, an existing structure shall comply with all applicable provisions of the latest version of the Uniform Building Code. Certification by an engineer licensed by the State of Massachusetts shall be required.
5.13.8 Monitoring and maintenance.
A.
Facility conditions. The applicant shall maintain the wind facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief and Emergency Medical Services. The project owner shall be responsible for the cost of maintaining the wind facility and any access road, unless accepted as a public way, and the cost of repairing any damage occurring as a result of operation and construction.
B.
Modifications. All material modifications to a wind facility made after issuance of the special permit shall require approval by the special permit granting authority as provided in this Section 5.13.
5.13.9 Abandonment or decommissioning.
A.
Removal requirements. Any wind facility which has reached the end of its useful life or has been abandoned shall be removed. When the wind facility is scheduled to be decommissioned, the applicant shall notify the Town by certified mail of the proposed date of discontinued operations and plans for removal. The owner/operator shall physically remove the wind facility no more than 150 days after the date of discontinued operations. At the time of removal, the wind facility site shall be restored to the state it was in before the facility was constructed or any other legally authorized use. More specifically, decommissioning shall consist of:
(1)
Physical removal of all wind turbines, structures, equipment, security barriers and transmission lines from the site.
(2)
Disposal of all solid and hazardous waste in accordance with local and state waste disposal regulations.
(3)
Stabilization or revegetation of the site as necessary to minimize erosion. The special permit granting authority may allow the owner to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
B.
Abandonment. Absent notice of a proposed date of decommissioning, the facility shall be considered abandoned when the facility fails to operate for more than one year without the written consent of the special permit granting authority. The special permit granting authority shall determine in its decision what proportion of the facility is inoperable for the facility to be considered abandoned. If the applicant fails to remove the wind facility in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town shall have the authority to enter the property and physically remove the facility.
C.
Financial surety. The special permit granting authority may require the applicant for utility-scale wind facilities to provide a form of surety, either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the facility, of an amount and form determined to be reasonable by the special permit granting authority, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the applicant. Such surety will not be required for municipally or state-owned facilities. The applicant shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for cost-of-living adjustment. The Planning Board may require an annual report on the working and operating condition of the wind energy facility(ies).
5.13.10 Term of special permit; public contact number.
A.
A special permit issued for a wind facility shall be valid for 25 years, unless extended or renewed. The time period may be extended or the permit renewed by the special permit granting authority upon satisfactory operation of the facility. Request for renewal must be submitted at least 180 days prior to expiration of the special permit. Submitting a renewal request shall allow for continued operation of the facility until the special permit granting authority acts. At the end of that period (including extensions and renewals), the wind facility shall be removed as required by this Section 5.13.
B.
The applicant or facility owner shall maintain a phone number and identify a responsible person for the public to contact with inquiries and complaints throughout the life of the project.
5.13.11 Application process and requirements.
A.
Application procedures.
(1)
General. The Planning Board shall adopt an application form, fee schedule and rules and regulations in accordance with the provisions of this bylaw. Rules and regulations shall specify the application process, type and number of required plans, and general requirements in order to assist the developer in complying with the intent of this bylaw.
B.
Required documents.
(1)
General. The applicant shall provide the special permit granting authority with 17 copies of the application, plans and documents. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in Massachusetts. Included in the application shall be:
C.
Siting and design. The applicant shall provide the special permit granting authority with a description of the property, which shall include:
(1)
Location map. Copy of a portion of the most recent USGS Quadrangle Map, at a scale of 1:25,000, showing the proposed facility site, including turbine sites, and the area within at least two miles from the facility. Zoning district designation for the subject parcel should be included; however, a copy of a Zoning Map with the parcel identified is suitable.
(2)
Site plan. A one inch equals 200 feet plan of the proposed wind facility site, with contour intervals of no more than 10 feet, showing the following:
(a)
Property lines for the site parcel and adjacent parcels within 300 feet.
(b)
Outline of all existing buildings, including purpose (e.g., residence, garage, etc.) on site parcel and all adjacent parcels within 500 feet. Include distances from the wind facility to each building shown.
(c)
Location of all roads, public and private, on the site parcel and adjacent parcels within 300 feet, and proposed roads or driveways, either temporary or permanent.
(d)
Existing areas of tree cover, including average height of trees, on the site parcel and adjacent parcels within 300 feet.
(e)
Proposed location and design of wind facility, including all turbines, ground equipment, appurtenant structures, transmission infrastructure, access, fencing, exterior lighting, etc.
(3)
Visualizations. The special permit granting authority shall select between three and six sight lines, including from the nearest building with a view of the wind facility, for pre- and post-construction view representations. Sites for the view representations shall be selected from populated areas or public ways within a two-mile radius of the wind facility. View representations shall have the following characteristics:
(a)
View representations shall be in color and shall include actual pre-construction photographs and accurate post-construction simulations of the height and breadth of the wind facility (e.g., superimpositions of the wind facility onto photographs of existing views).
(b)
All view representations will include existing, or proposed, buildings or tree coverage.
(c)
Include description of the technical procedures followed in producing the visualization (distances, angles, lens, etc.).
D.
Landscape plan. A plan indicating all proposed changes to the landscape of the site, including temporary or permanent roads or driveways, grading, vegetation clearing and planting, exterior lighting, other than FAA lights, screening vegetation or structures. Lighting shall be designed to minimize glare on abutting properties and except as required by the FAA be directed downward with full cut-off fixtures to reduce light pollution.
E.
Operation and maintenance plan. The applicant shall submit a plan for maintenance of access roads and stormwater controls, as well as general procedures for operational maintenance of the wind facility. The applicant shall attempt to implement low-impact development techniques to manage stormwater, in accordance with the Low Impact Development General Bylaw.[1]
F.
Compliance documents. If required under previous sections of this bylaw, the applicant will provide with the application:
(1)
A description of financial surety that satisfies § 5.13.9C of this section;
(2)
Proof of liability insurance that satisfies § 5.13.4D of this section;
(3)
Certification of height approval from the FAA;
(4)
A statement that satisfies § 5.13.7C, listing existing and maximum projected noise levels from the wind facility.
5.13.12 Waiver of compliance.
The Planning Board, acting as the special permit granting authority under this Section 5.13, may waive strict compliance with such requirements of this Section 5.13, where such action is in the public interest and not inconsistent with the purpose and intent of the Zoning Act or this Section 5.13.
5.13.13 Validity.
The invalidity of any section or provision of this bylaw shall not invalidate any other section or provision thereof.
5.14.1 Purpose.
A.
The purpose of this bylaw is to provide criteria which will help the Town of Ashburnham evaluate a small wind project. The criteria will be utilized by Building Inspectors charged with issuing building permits for small wind energy systems. Any proposed nonconforming small wind energy systems will be addressed through a special permit process under the review of the special permit granting authority.
B.
The small wind energy systems bylaw should provide cities and towns with a streamlined and efficient administrative permitting process to allow for responsibly sited small wind systems.
5.14.2 Applicability.
This Section 5.14 applies to small wind systems no greater than 60 kilowatts in total to the lot of rated nameplate(s) capacity proposed to be constructed after the effective date of this Section 5.14.
5.14.3 Definitions.
The Inspector of Buildings, Building Commissioner or local inspector, or, if there are none in a town, the Board of Selectmen, or person or board designated by local ordinance or bylaw charged with the enforcement of the Zoning Bylaw.
A building permit is a required approval of a project by the Building Inspector which is consistent with the local, state and federal building codes. In addition, the permit must meet the criteria set forth under the local zoning bylaws regarding small wind energy systems.
The height of a wind turbine measured from natural grade to the tip of the rotor blade at its highest point, or blade-tip height.
The maximum rated output of electric power production equipment. This output is typically specified by the manufacturer with a "nameplate" on the equipment.
All equipment, machinery and structures utilized in connection with the conversion of wind to electricity. This includes, but is not limited to, storage, electrical collection and supply equipment, transformers, service and access roads, and one or more wind turbines, which has a rated nameplate capacity of 60 kW or less.
A permit provided by the special permitting authority for nonconforming small wind systems (e.g., a small wind system that does not meet the criteria for small wind systems set forth by the Building Inspector).
The special permit granting authority shall be the Planning Board, by this Section 5.14, for the issuance of special permits to construct and operate small wind energy systems.
A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, and a rotor with two or more blades.
5.14.4 General requirements.
A.
Building Inspector issued permit.
(1)
No small wind energy system shall be erected, constructed, installed or modified as provided in this Section 5.14 without first obtaining a building permit from a licensed Building Inspector from the Town of Ashburnham. All such wind energy systems shall be constructed and operated in a manner that minimizes any adverse visual, safety, and environmental impacts.
(2)
Such permits may also impose safeguards and limitations on time and use and may require the applicant to implement all reasonable measures to mitigate unforeseen adverse impacts of the small wind energy system, should they occur.
B.
Special permit granting authority. If the proposed small wind energy system does not satisfy the criteria of the building permit set forth under the adopted bylaws, then the applicant must seek review and petition the special permit granting authority for a special permit. The special permit will provide for a variance from the prescribed bylaw requirements. This variance from the building permit criteria will only be applicable to that specific nonconforming project.
C.
Compliance with laws, bylaws and regulations. The construction and operation of all such proposed small wind energy systems shall be consistent with all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, environmental, electrical, communications, and FAA aviation requirements.
D.
Utility notification. No small wind energy system shall be installed until evidence has been given that the utility company has been informed of the customer's intent to install an interconnected customer-owned generator. Off-grid systems shall be exempt from this requirement.
E.
Temporary meteorological towers (met towers).
(1)
Met towers shall be permitted under the same standards as a small wind system, except that the requirements apply to a temporary structure. A permit for a temporary met tower shall be valid for a maximum of three years, after which an extension may be granted.
(2)
Wind monitoring shall be permitted in all zoning districts subject to issuance of a building permit for a temporary structure.
5.14.5 General siting standards.
A.
Freestanding small wind energy system height. Small wind energy facilities shall be no higher than 160 feet, provided that such wind energy facilities may exceed 160 feet if granted a special permit from the Planning Board based on:
(1)
The applicant demonstrating by substantial evidence that such height reflects industry standards for a similar sited wind facility;
(2)
Demonstration that such excess height is necessary to prevent financial hardship to the applicant; and
(3)
The facility satisfies all other criteria for the granting of a building permit, or for a special permit, if required.
B.
Rooftop small wind energy system height. Rooftop small wind energy facilities shall not extend more than 10 feet above the ridgeline of the structure to which they are attached.
C.
Setbacks.
(1)
Wind turbines shall be set back a distance equal to the total height of the wind turbine from all abutting inhabited structures, overhead utility lines, public road or right-of-way and at least five feet from property boundaries.
(2)
Setback waiver. The Building Inspector may reduce the minimum setback distance if written permission is granted by the entity with care and control over the affected asset.
5.14.6 Design standards.
A.
Appearance, color and finish. The wind generator and tower shall remain painted or finished the nonreflective color or finish that was originally applied by the manufacturer, unless approved in the building permit.
B.
Lighting and signage.
(1)
Lighting.
(a)
Wind turbines shall be lighted only if required by the Federal Aviation Administration.
(b)
Lighting of other parts of the small wind energy system, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties.
(2)
Signage and advertising. Signs and advertising shall be restricted to reasonable identification of the manufacturer or operator of the small wind energy facility and shall defer to the requirements of the Town of Ashburnham sign regulations.
5.14.7 Safety, aesthetic and environmental standards.
A.
Unauthorized access. Wind turbines or other structures part of a small wind energy system shall be designed to prevent unauthorized access.
B.
Noise. The small wind energy system and associated equipment shall conform to the provisions of the Department of Environmental Protection's Division of Air Quality Noise Regulations (310 CMR 7.10), unless the Department and the permit granting authority agree that those provisions shall not be applicable.
C.
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to that which is necessary for the construction, operation and maintenance of the small wind energy system and is otherwise prescribed by applicable laws, regulations, and bylaws.
D.
Rooftop wind energy facilities installation. Wind facilities sited on top of, attached to and extending above the ridgeline of an existing structure shall comply with all applicable provisions of the latest version of the Uniform Building Code. Certification by an engineer licensed by the State of Massachusetts shall be required.
5.14.8 Monitoring and maintenance.
A.
System conditions. The applicant shall maintain the small wind energy system in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and security measures.
5.14.9 Abandonment or decommissioning.
A.
Removal requirements.
(1)
Any small wind energy system which has reached the end of its useful life or has been abandoned shall be removed.
(2)
A small wind energy system shall be considered abandoned when it fails to operate for one year. Upon a notice of abandonment issued by the Building Inspector, the small wind energy system owner will have 30 days to provide sufficient evidence that the system has not been abandoned or the Town of Ashburnham shall have the authority to enter the owner's property and remove the system at the owner's expense.
5.14.10 Permit process, requirements and enforcement.
A.
Permit requirements.
(1)
Documents. The building permit application shall be accompanied by deliverables including the following:
(a)
A plot plan showing:
[1]
Property lines and physical dimensions of the subject property within two times the total height from the tower location.
[2]
Location, dimensions, and types of existing major structures on the property.
[3]
Location of the proposed wind system tower, foundations, guy anchors and associated equipment.
[4]
The right-of-way of any public road that is contiguous with the property.
[5]
Any overhead utility lines.
(b)
Wind system specifications, including manufacturer and model, rotor diameter, tower height, tower type (freestanding or guyed).
(c)
Tower foundation blueprints or drawings signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts.
(d)
Tower blueprint or drawing signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts.
(2)
Fees. The application for a building permit for a small wind energy system must be accompanied by the fee required by the Building Commissioner.
B.
Violations. It is unlawful for any person to construct, install, or operate a small wind energy system that is not in compliance with this bylaw or with any condition contained in a building permit issued pursuant to this bylaw. Small wind energy systems installed prior to the adoption of this bylaw are exempt.
C.
Administration and enforcement.
(1)
This bylaw shall be administered and enforced by the Building Commissioner, or his/her designee.
(2)
The Building Commissioner may enter any property for which a building permit has been issued under this bylaw to conduct an inspection to determine whether the conditions stated in the permit have been met.
D.
Penalties. Any person who fails to comply with any provision of this bylaw or a building permit issued pursuant to this bylaw shall be subject to enforcement and penalties as allowed by applicable law.
5.14.11 Waiver of compliance.
The Planning Board, when acting as the special permit granting authority under this Section 5.14, may waive strict compliance with such requirements of this Section 5.14, where such action is in the public interest and not inconsistent with the purpose and intent of the Zoning Act or this Section 5.14.
5.14.12 Severability.
The provisions of this bylaw are severable, and the invalidity of any section, subdivision, paragraph, or other part of this bylaw shall not affect the validity or effectiveness of the remainder of the bylaw.
5.15.1 Purpose and intent.
The purpose and intent of the planned unit development (PUD) provision is to allow via special permit an alternative use and pattern of land development for large tracts and for redevelopment of smaller parcels in built-up areas by allowing single-family and multifamily clustered residential development along with a mix of nonresidential uses as permitted in this Section 5.15, while encouraging the conservation of open space within the PUD. The PUD is a flexible zoning tool designed to meet the following objectives:
A.
Encourage innovation in commercial and residential development so that the growing demand for more and varied housing may be met by a greater variety in type and design of living units;
B.
Encourage a less sprawling form of community development which makes more efficient use of land, requires shorter networks of streets and utilities and which fosters more economical development and less consumption of developable land;
C.
The permanent preservation of open space, agricultural lands, forest lands, and other natural resources;
D.
Maintain the traditional New England rural character and land use pattern in which small villages contrast with open space and farm land;
E.
Respect for the natural features of the land, including wetlands, watercourses, forests, prime agricultural land, steep slopes, plants, wildlife, historic sites, scenic areas, and rural character;
F.
Encourage historic preservation, infill development and adaptive reuse of historic structures in applicable zoning districts;
G.
Provide opportunities to allow greater density and intensity of residential development than would normally be allowed, provided that the land usage can be shown to be in the public good;
H.
Provide wildlife corridors connecting open spaces, needed by wildlife to ensure their survival;
I.
To protect and enhance the value of real property.
5.15.2 Definitions.
All land located within the PUD exclusive of wetlands as said terms are defined in the Wetlands Protection Act (MGL c. 131, § 40).
As used in this Section 5.15, the floor area ratio is the ratio of the gross floor area of all buildings within a PUD to the area of developable land within the PUD; provided, however, that the gross floor area of garages and attics, which are not designed to be used or occupied as living areas, shall be excluded.
5.15.3 Applicability.
A.
Any development under the PUD provisions of this Section 5.15 of the Ashburnham Zoning Bylaw requires a special permit approval from the Ashburnham Planning Board.
B.
Planned unit developments (PUDs) shall be allowed within parcels included in the Planned Unit Development (PUD) Overlay District subject to the issuance of a special permit and provided that the use complies with all requirements set forth in this Section 5.15. The minimum size of any PUD shall be a parcel or contiguous parcels of land having an area of at least four acres within the PUD Overlay District. The Planning Board may allow a PUD on a parcel or contiguous parcels of land smaller than four acres upon a finding that the proposed development is consistent with the objectives of this Section 5.15 and § 1.1.1 of the Zoning Bylaw.
C.
The PUD Overlay District is established over all the zoning districts of the Town of Ashburnham, except the following parcels: Map 28, Parcels 1 and 2 and Map 29, Parcels 8-13. The PUD Zoning Overlay District is located and bounded as shown on a map entitled "Planned Unit Development Zoning Overlay District", Ashburnham, MA prepared by the Montachusett Regional Planning Commission, dated May 5, 2012, and on file with the offices of the Town Clerk, Zoning Enforcement Officer and Planning Board.
5.15.4 Permitted uses.
A.
Any use allowed by-right (Y) or by special permit (SP) in at least one of the underlying zoning districts within which the PUD is located shall also be allowed by-right or allowable by special permit, as the case may be, in any location within that PUD, including within underlying districts where such use is not otherwise allowed, with the following exceptions:
(1)
Dwelling units are allowed by right within all PUDs without limitation on form of tenure or structure type, including single-family, two-family, multifamily, assisted elderly, or supportive housing. A maximum of 20 dwelling units shall be allowed in any one building.
(2)
Retail operations with more than 10,000 square feet of gross floor area on any individual floor shall be prohibited within any PUD.
(3)
Hotel, motel or inn, and commercial indoor amusement or recreational place or place of assembly are allowed uses within all PUDs.
B.
Residential uses shall comprise not less than 25% and not more than 75% of the gross floor area planned within any PUD.
5.15.5 Dimensional and area regulations.
A.
Applicability. The dimensional and area regulations set forth in this section shall apply to the total area of developable land within the PUD and shall not regulate individual lots therein.
B.
Maximum allowable density.
(1)
The Planning Board shall have the discretion to reduce or suspend the minimum requirements otherwise applicable under Part 4 (Dimensional Requirements) of the Zoning Bylaw for a planned unit development, provided that the Planning Board finds that the conditions present on the site are adequate to support the proposed development, protect the surrounding neighborhood, and meet the purposes and objectives of this Section 5.15, and further provided to meet the following requirements:
(a)
There shall be at least 10,000 square feet of developable land for each bedroom created in a PUD.
(b)
Meet the floor area ratio, ground coverage and setback requirements as specified within this section.
(c)
Residential uses are limited to the overall gross floor area limitations specified in § 5.15.4B of this bylaw.
(2)
Increases in permissible density.
(a)
The Planning Board may award a density bonus to increase the number of dwelling units beyond the base density of dwelling units based on Subsection B(1) above. The density bonus for the PUD shall not, in the aggregate, exceed 30% of the basic maximum number. Computations shall be rounded down to the next whole number. A density bonus may be awarded in the following circumstances:
[1]
For each additional 5% of the site (over and above the required 25%) set aside as common open space, a bonus of one additional dwelling unit beyond the base density may be awarded.
[2]
For every two dwelling units restricted in perpetuity to occupancy by persons or families that qualify as income-eligible households, one dwelling unit may be added as a density bonus beyond the base number. Affordable housing units may be used toward density bonuses only if they can be counted toward the Town's affordable housing inventory as determined by the Massachusetts Department of Housing and Community Development. The applicant shall provide documentation demonstrating that the unit(s) shall count toward the community's affordable housing inventory to the satisfaction of the Planning Board.
(b)
Additional housing units allowed under this subsection will become buildable as additional dwelling unit(s) upon completion and sale of said deed-restricted home, or rental of such affordable housing unit, or upon donation of, and recording of a deed to, the lot set aside for such deed-restricted home to the Town or to a public or nonprofit housing agency or trust.
(3)
Developments on municipal sewer systems: written approval certifying tie-in to municipal sewage from the Ashburnham Water and Sewer Commission indicating that the proposed density is feasible.
(4)
On-site septic development: a sanitary survey sewage feasibility report by a registered professional civil engineer licensed in Massachusetts, indicating that the proposed density is feasible. The purpose of the report is to evaluate the feasibility of the ground for subsurface disposal of septic tank effluents, based on soil characteristics and test borings, water table, natural drainage patterns and other observation by the engineer.
(a)
The report shall take into consideration the following factors: location of deep holes, to be shown on the appropriate map; topographic and ground level conditions; natural drainage patterns; flood heights of nearby waterways; underlying soil characteristics, absorption qualities, maximum groundwater elevations and distances to bedrock; and location and dimensions of abutting off-site sewage disposal systems if within 100 feet of property lines to be shown on an appropriate map.
(b)
The report shall contain a statement by the civil engineer of why the septic system design and location is the most suitable of considered alternatives for on-site sanitary sewage disposal systems as indicated in Title V, the State Environmental Code. The Ashburnham Board of Health has final jurisdiction over all on-site septic systems.
C.
Floor area ratio requirement. The ratio of the gross floor area of all buildings, residential and commercial, within the PUD, to the total area of developable land within the PUD shall not exceed 32% (0.32).
D.
Ground coverage requirement. The ground coverage of all residential and commercial buildings, and parking lots and impervious landscaping within the PUD shall not exceed 40% of the total area of developable land within the PUD. The ground coverage of all roadway areas and associated sidewalks shall be excluded from this requirement.
E.
Setback requirements. Setbacks within a PUD shall conform to the following requirements; provided, however, that the Planning Board may reduce the setback requirements or may require greater setbacks to provide additional buffers to residences abutting the PUD or to enhance the aesthetic appearance or planning objectives of this bylaw.
(1)
Perimeter setbacks. All structures within a PUD shall have a minimum setback requirement of 50 feet from the PUD boundary line.
(2)
Front setback requirements. All structures within a PUD shall have a minimum setback from any lot line or any street line of 20 feet.
(3)
Separation of buildings. All buildings within the PUD shall have a setback of at least 20 feet from any other building therein.
F.
Maximum height requirement. No buildings in the PUD shall exceed the height allowed by the underlying zoning district.
G.
Solar orientation of buildings. Spacing of buildings and landscaping, wherever possible and practical, shall be oriented to optimize solar exposure for buildings located within the PUD.
H.
Flexible design and orientation of buildings. More than one principal building shall be allowed on any lot located in the planned unit development, subject to issuance of the PUD special permit by the Planning Board, along with a finding that such buildings would be in keeping with the purpose of the Village Center Zoning District(s), per § 2.1 of the Zoning Bylaw, and the additional findings:
(1)
No principal building shall be located in relation to another principal building on the same lot, or on adjacent lot, so as to cause danger from fire;
(2)
All principal buildings on the lot shall be served by accessways suitable for fire, police, and emergency vehicles;
(3)
All of the multiple principal buildings on the same lot shall be accessible via pedestrian walkways connected to the required parking for the premises, and to each principal building.
5.15.6 Open land and open space.
A.
Basic requirement. Open space shall be provided within a PUD in accordance with the requirements of this section.
B.
Public open space. Significant areas of land within the PUD which are not developable and are classified as wetlands in accordance with the Mass. Wetlands Protection Act (MGL c. 131, § 40) and the DEP regulations promulgated thereunder, including the wildlife protection regulations, shall be designated as "public open space." Said areas shall be preserved as open space in perpetuity and either conveyed to the Town of Ashburnham Conservation Commission, or to a nonprofit organization, the principal purpose of which is the conservation of open space, or shall be protected as a means of a conservation restriction imposed on the land pursuant to MGL c. 184, § 31.
C.
Common open space.
(1)
A minimum of 25% of the total developable land within the PUD, exclusive of the land set aside for streets, shall be designated "common open space." Common open space shall include all developable land not dedicated to roads, parking areas, buildings and structures. At least 50% of the required common open space maybe used for recreational facilities; and for passive open space and buffer areas. Common open space shall have a shape, dimension, character and location suitable to assure its use for park, recreation, conservation or agricultural purposes by residents of the PUD; and, where possible, be located such that significant areas of continuous open space are distributed throughout the PUD. There shall also be significant areas of common open space near areas containing high concentrations of housing units.
(2)
The approximate location of major areas of public open space and common open space shall be identified as part of the preliminary development plan. The granting of a special permit shall include as a condition that the large areas of open space identified on the preliminary development plan be preserved approximately as shown, with the understanding that the precise definition of such open space might be altered with the submittal and approval of definitive development plans.
D.
Ownership of common open space, restrictions thereon.
(1)
The required open land shall be conveyed to a nonprofit corporation or trust comprising a condominium or homeowners' association. In order to ensure that the association will properly maintain the land deeded to it under this section, the developer shall cause to be recorded at the Northern Worcester District Registry of Deeds a declaration of covenants and restrictions which shall, at a minimum, provide for the following:
(a)
Mandatory membership in an established association, as a requirement of ownership of any condominium unit, rental unit, building or lot in the tract.
(b)
Provisions for maintenance, assessments of the owners of all condominium units, rental units, buildings or lots in order to ensure that the open land is maintained in a condition suitable for the users approved by the homeowners' association. Failure to pay assessment shall create a lien on the property assessed, enforceable by the association.
(c)
Provisions which, so far as possible under the existing law, will ensure that the restrictions place on the use of the open land will not terminate by operations of law.
(d)
Provisions for limited easements to significant areas of open space and natural resources for recreational use by residents of the Town, and to provide linkages to open space of abutting properties.
(2)
The developer shall be responsible for the maintenance of the common land and any other facilities to be held in common until such time as the association is capable of assuming such responsibility.
5.15.7 Design standards; off-street parking and loading requirements.
B.
Off-street parking.
(1)
Off-street parking facilities for structures and uses within a PUD shall conform to all regulations and design standards as set forth in Section 5.3 of the Zoning Bylaw. However, the Planning Board is given flexibility for provision of off-street parking facilities as provided for under § 5.3.4 of the Ashburnham Zoning Bylaw.
(2)
Off-street parking areas within any PUD shall meet the screening standards as specified within § 5.7.7B of the Zoning Bylaw.
C.
Off-street loading. Off-street loading facilities for structures and uses within a PUD shall conform to all regulations and design standards as set forth in § 5.3.3 of the Zoning Bylaw.
D.
Garages. The construction of individual garages attached to or within housing units is encouraged, where feasible, taking into consideration the topography, layout, type, architectural design and price of the unit. The location of such garages is encouraged, where feasible, to be located to the rear of townhome and/or apartment units.
5.15.8 Contents and scope of application and review procedure.
A.
Pre-application conference. Prior to investing in extensive professional design efforts for a planned unit development, it will often prove useful to review the proposed development/use of land with the Planning Board, in order that general approaches and potential problems can be freely explored. The Planning Board encourages applicants to meet with the Planning Board Chairman to review their development proposals and/or applicants are invited to submit a pre-application sketch of the proposed project to the Planning Board at the public comment period at a regular meeting of the Planning Board. Sketches, which need not be professionally prepared, will assist the discussion and might show some but not all of the information required to be shown on a site plan.
B.
Preliminary plan.
(1)
The applicant may file a preliminary plan accompanied by the form "Form B Preliminary Subdivision Application" and the "Form B Preliminary Subdivision Application Check List" to the Planning Board. The applicant shall include any required filing fee as established in the Planning Board Rules Governing Fees and Fee Schedule.[1] The Planning Board shall, upon receipt of the complete preliminary plan application and supporting documents, follow the requirements of Article IV of the Planning Board Rules and Regulations Governing the Subdivision of Land related to the review and decision of such preliminary plan.[2]
(2)
The Planning Board may suggest modifications and changes to the preliminary plan in anticipation of filing of the final plan. If the Planning Board fails to act within 45 days of receipt of a complete preliminary plan and application, the applicant may proceed to file a final plan.
C.
Final plan application:
(1)
The application for planned unit development (PUD) special permit shall be made in accordance with § 5.7.5 of the Ashburnham Zoning Bylaw.
(2)
Coordination with other boards. Upon receipt of the PUD final plan application, the Planning Board shall transmit a copy of the application and plan to the Selectmen, Fire Department, Water and Sewer Commission, Board of Health, Highway Department, Conservation Commission, Building Inspector, Historical Commission, Police Department, Light Department and the Planning Board's consulting engineer for their written recommendation. Failure to respond to the Planning Board within 30 days shall indicate approval by said agencies. The Planning Board decision shall address any departure from the recommendations of the other Town agencies.
(3)
The applicant shall provide a narrative development impact statement detailing the impact of the proposed use on municipal services and the environment. Such statement shall conform to § 475-3.15, Development impact statements, of the Town of Ashburnham Planning Board Subdivision Rules and Regulations.[3]
(4)
Public hearing. The Planning Board shall hold a public hearing on any properly completed application within 65 days after filing of a complete application, shall properly serve notice of such hearing, and shall render its decision within 90 days of the close of said hearing. The hearing and notice requirements set forth herein shall comply with the requirements of MGL c. 40A, §§ 9 and 11.
(5)
Review of applications for any use-related special permits may be consolidated into the planned unit development special permit process, while being voted on separately.
D.
The Planning Board shall grant the special permit only if it finds the application satisfies the objectives of a PUD as defined in § 5.15.1.
E.
A PUD special permit granted pursuant to this Section 5.15 shall establish and regulate the following as conditions of approval:
(1)
Location of all primary streets and ways within the development, including access to existing public ways, with the layout, design, construction and other relevant standards for such streets and ways to conform to the Town of Ashburnham Planning Board Rules and Regulations Governing the Subdivision of Land.[4]
(2)
Locations of significant areas of public open space and common open space.
(3)
Boundaries of lots to be created within the development, if any.
(4)
Overall project density, including the distribution of housing units to avoid undue concentration of development, as well as maximum number of housing units that may be built within the development, including maximum number of building permits that may be issued within any twelve-month period.
(5)
Location and boundaries of each development phase.
(6)
Location of nonresidential establishments.
(7)
Development timetable.
(8)
Off-site traffic improvements and environmental mitigation measures, if any, to be performed by the applicant, including timetables and procedures for implementation of the same.
(9)
Requirements for instruments to be executed by the owners of the land and recorded with the Registry of Deeds waiving all rights to previously issued permits and approvals for residential or nonresidential buildings and uses for the land, if any, and to future uses of the land which would otherwise be otherwise permitted by the zoning district in which it is located, except as specifically allowed under this PUD special permit.
(10)
Such other terms, conditions or restrictions as the Planning Board may deem appropriate.
5.15.9 Relation to Subdivision Control Law.
In the event the applicant seeks subdivision approval for streets and lots within the PUD pursuant to the Subdivision Control Law, MGL c. 41, § 8I, the applicant shall file an "Application for a Definitive Plan" pursuant to Part 3, Article V, of the Town of Ashburnham Planning Board Rules and Regulations Governing the Subdivision of Land.[1] In order to facilitate the processing the Planning Board shall consider said application simultaneously with the application for a PUD special permit, and may adopt regulations establishing procedures for the simultaneous submission and consideration of the applications; provided, however, that nothing contained herein shall be deemed to require approval of streets and ways within a PUD under the Subdivision Control Law. Any subdivision of land within the PUD shall in no way diminish the effect of any conditions, agreements or covenants imposed or made as part of the grant of the PUD special permit.
5.15.10 Administration.
A.
The Planning Board may adopt, and from time to time amend, rules and regulations relating to the administration of this planned unit development zoning provision consistent with the provisions of this bylaw and MGL c. 40A and other provisions of the General Laws, including Rules and Regulations Governing the Subdivision of Land, and shall file a copy of said rules and regulations with the Town Clerk.
C.
Waiver of compliance. The Planning Board may waive strict compliance with such requirements of this Section 5.15, where such action is in the public interest and not inconsistent with the purpose and intent of the Zoning Act or this Section 5.15.
D.
Separability. The invalidity of one or more provisions or clauses of this Section 5.15 shall not invalidate or impair the article as a whole or any other part hereof.
5.16.1 Purposes.
A.
To provide for the limited establishment of registered marijuana dispensaries (RMD) in appropriate places and under strict conditions in accordance with applicable laws.
B.
To minimize the adverse impacts of RMDs on adjacent properties, residential neighborhoods, schools and other places where children congregate, local historic districts, and other land uses potentially incompatible with said RMDs.
C.
To regulate the siting, design, placement, safety, monitoring, modification, and removal of RMDs.
D.
To limit the overall number of RMDs in Ashburnham to what is essential to serve the public convenience and necessity.
5.16.2 Applicability.
A.
The cultivation, production, processing, assembly, packaging, retail or wholesale sale, trade, distribution or dispensing of marijuana for medical use is prohibited unless permitted as an RMD under this Section 5.16.
B.
If any provision of this Section 5.16 or the application of any provision of this article to any person or circumstance shall be held invalid, the remainder of this Section 5.16, to the extent it can be given effect, or the application of those provisions to persons or circumstances other than those to which it is held invalid, shall not be affected thereby, and shall remain in effect.
5.16.3 Definitions.
Marijuana that is designated and restricted for use by, and for the benefit of qualifying patients in the treatment of debilitating medical conditions.
A not-for-profit entity registered under 105 CMR 725.100,[2] that acquires, cultivates, possesses, processes (including development of related projects such as edible marijuana-infused products (MIP), tinctures, aerosols oils, or ointments), transfers, transports, sells, distributes, dispenses, or administers marijuana, products containing marijuana, related supplies, or educational materials to registered qualifying patients or their personal caregivers.
5.16.4 Eligible locations for registered marijuana dispensaries.
An RMD shall be permitted only in the RMD Use Overlay District by special permit by the special permit granting authority (SPGA) in accordance with the provisions of MGL c. 40A. § 9, this Section 5.16, Section 5.7 (Site Plan Review) and the general special permit provisions of § 6.4B of these bylaws.
5.16.5 General requirements and conditions for all registered marijuana dispensaries.
A.
No RMD shall have a gross floor area in excess of 2,500 square feet. An RMD may be located in buildings that exceed 2,500 square feet of floor area, provided that the gross floor area of the RMD shall not exceed 2,500 square feet.
C.
The hours of operation of a RMD shall be set by the SPGA, but in no event shall RMDs be open and/or operating between the hours of 9:00 p.m. and 8:00 a.m.
D.
No special permit for an RMD shall be issued to a person who has been convicted of a felony or a violation of a state or federal statute prohibiting the unlawful possession, sale or distribution of narcotic drugs or prescription drugs. Further, no special permit for an RMD shall be issued to a business or nonprofit corporation in which an owner, shareholder, member, officer, manager, or employee has been convicted of a violation of a felony or a state or federal statute prohibiting the unlawful possession, sale or distribution of narcotic drugs or prescription drugs.
E.
No special permit for an RMD shall be issued to a person who has been convicted of a violation of MGL c. 119, § 63 or MGL c. 272, § 28. Further, no special permit for an RMD shall be issued to a business or nonprofit corporation in which an owner, shareholder, member, officer, manager, or employee has been convicted of a violation of MGL Chapter 119, Section 63 or Massachusetts General Law Chapter 272, Section 28.
F.
No RMD shall be located within 100 feet of a residential zoning district.
G.
No RMD shall be located within 500 feet of any of the following:
(1)
Any school attended by children under the age of 18, any day-care center, or any other facility where children commonly congregate, such as, but not limited to, playgrounds, athletic fields, or other similar facilities;
(2)
Any drug or alcohol rehabilitation facility;
(3)
Any correctional facility, half-way house; or similar facility; or
(4)
Any other RMD.
H.
No smoking or burning of marijuana or marijuana-related products shall be permitted on the premises of an RMD.
I.
No RMD shall be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck.
J.
Signage for an RMD shall be limited to one exterior sign which shall not be directly illuminated and shall otherwise comply with the dimensional requirements of the underlying zoning district, and the applicable regulations promulgated by the DPH in 105 CMR 725.105.L.[2]
K.
All RMDs shall provide the SPGA with the name, phone number and email address of an on-site community relations staff person designated by the RMD to be contacted by Town officials in the event of any operating problems associated with the RMD.
L.
All employees of an RMD shall be at least 18 years of age.
5.16.6 RMD special permit requirements.
A.
Special permits granted under this Section 5.16 shall be limited to the applicant for the duration of the applicant's ownership and/or use of the premises as an RMD. A special permit may be transferred only upon approval of the SPGA in the form of an amendment to the special permit pursuant to all applicable provisions of MGL c. 40A and the Town's zoning bylaws.
B.
A special permit for an RMD may be limited to one or more of the following uses that shall be prescribed by the special permit granting authority:
(1)
Cultivation of marijuana for medical use (horticulture);
(2)
Processing and packaging of marijuana for medical use, including marijuana that is in the form of smoking materials, food products, oils, aerosols, ointments, and other products;
(3)
Retail sale or distribution of marijuana for medical use to qualifying patients;
C.
In addition to the application requirements set forth in this section and § 6.4B of the zoning bylaws, a special permit application for an RMD shall include the following:
(1)
A statement from the applicant under oath, setting forth the following information:
(a)
The name and address of each owner, manager, member, partner and employee of the RMD, and a certification that the application conforms is to § 5.16.5 above;
(b)
The source of all marijuana that will be sold or distributed at the RMD;
(c)
The source of all marijuana that will be cultivated, processed, and/or packaged at the RMD;
(d)
The quantity of marijuana that will be cultivated, processed, packaged, sold and/or distributed at the RMD; and
(e)
If marijuana is to be cultivated, processed, and/or packaged at the RMD, the name and address of each purchaser of said marijuana.
(2)
A copy of the applicant's current Articles of Organization or Articles of Incorporation, a current Certificate of Legal Existence, from the Secretary of the commonwealth, and the most recent annual report; if the applicant is a public agency, evidence of the agency's authority to engage in the development and operation of the RMD as proposed in the application;
(3)
Copies of all licenses and permits issued by the Commonwealth of Massachusetts and any of its agencies for the RMD;
(4)
Evidence of the applicant's right to use the site of the RMD as an RMD, such as a deed, lease, or purchase and sale agreement;
(5)
If the applicant is a business organization, a statement under oath disclosing all of its owners, shareholders, partners, members, managers, directors, officers, or other similarly-situated individuals and entities. If any of the above are entities rather than persons, the applicant must disclose the identity of the owners of such entities until the disclosure contains the names of individuals;
(6)
A market study demonstrating sufficient demand for the marijuana for medical use proposed to be sold or distributed by the RMD;
(8)
Resume(s) of the applicant and all members of the RMD's management, including company history, references, and relevant experience.
5.16.7 Required findings.
The SPGA may issue a special permit for an RMD upon finding that:
A.
The RMD is designed to minimize any adverse visual or economic impacts on abutters and other parties in interest, as defined in MGL c. 40A, § 11;
B.
The project is compatible with the immediately surrounding uses. In determining same, the special permit granting authority shall consider how the proposed use fits in with the surrounding uses, and shall consider traffic impacts, pedestrian safety impacts, odor(s), and noise impact(s).
C.
The RMD is fully permitted by all applicable agencies within the Commonwealth of Massachusetts and is in compliance with all applicable state laws and regulations;
D.
In the case of retail sale or distribution, the RMD is serving a measurable demand for marijuana for medical use that is currently unmet within the municipality;
E.
The applicant has not provided materially false documents or testimony; and
F.
The applicant has satisfied all of the conditions and requirements of this bylaw.
5.16.8 Annual reporting.
Every RMD permitted under this bylaw shall, as a condition of its special permit, file an annual report to the special permit granting authority and the Town Clerk no later than January 31, providing a copy of all current applicable state licenses for the RMD and/or its owners, and certifying that answers to each of the questions set forth under § 5.16.6C of this bylaw for the preceding calendar year, as well as the RMD's good faith estimate of the same information for the ensuing calendar year.
5.16.9 Waivers.
A waiver of strict compliance from these rules and regulations may be granted if the SPGA determines that such a waiver is in the public interest and not inconsistent with the Zoning Bylaw. All requests shall identify the provision or provisions of the regulations from which relief is sought. The request shall also include a statement explaining why the applicant thinks that granting a waiver would be in the public interest and not inconsistent with the purpose and intent of these rules and regulations and Zoning Bylaw.
5.16.10 Violations.
Any violation of this Section 5.16, the special permit issued hereunder, or any suspension or revocation of any license or permit issued by the Commonwealth of Massachusetts for the RMD shall be grounds for revocation or suspension of the special permit issued under this Section 5.16 in accordance with MGL c. 40A as may be applicable.
5.17.1 Purpose.
The purpose of this Section 5.17 of the Zoning Bylaw is to establish appropriate criteria and standards for the placement, design, construction, operation, monitoring, modification and removal of new large-scale ground-mounted solar photovoltaic installations that address public safety, minimize impacts on scenic, natural and historic resources and to provide adequate financial assurance for the eventual decommissioning of such installations.
5.17.2 Applicability.
A.
The provisions set forth in this Section 5.17 shall apply to the construction, operation, and/or repair of large-scale ground-mounted solar photovoltaic installations.
B.
This Section 5.17 applies to large-scale ground-mounted solar photovoltaic installations proposed to be constructed after the effective date of this Section 5.17. This Section 5.17 also pertains to physical modifications that materially alter the type, configuration, or size of existing installations or related equipment.
5.17.3 Definitions.
A solar photovoltaic system that is structurally mounted on the ground and including related buildings and structures and equipment not roof-mounted, and has a minimum nameplate capacity of 250 kWDC.
The maximum rated output of electric power production of the photovoltaic system in direct current (DC).
5.17.4 Location.
A Large-Scale Ground-Mounted Photovoltaic Installation Overlay District is hereby established over all zoning districts in the Town of Ashburnham. Large-scale ground mounted photovoltaic installations shall be allowed as of right with site plan review in accordance with this Section 5.17 and Section 5.7 of this bylaw in the Large-Scale Ground-Mounted Photovoltaic Installation Overlay District on all parcels of land under single ownership or control.
5.17.5 General requirements for all large-scale ground-mounted photovoltaic installations.
The following requirements are common to all large-scale ground-mounted solar photovoltaic installations.
A.
Compliance with laws, bylaws and regulations. The construction and operation of all large-scale solar photovoltaic installations shall meet all applicable local, state and federal requirements, including but not limited to all applicable safety, construction, electrical, and communications requirements. All buildings and fixtures forming part of a solar photovoltaic installation shall be constructed in accordance with the State Building Code, and further comply with all other provisions of the Ashburnham Zoning Bylaws.
B.
Utility notification. No large-scale ground-mounted solar photovoltaic installation shall be constructed until evidence has been given to the Planning Board that Ashburnham Municipal Light Plant (AMLP) has been informed of the solar photovoltaic installation owner's or operator's intent to install an interconnected customer-owned generator. All proponents should inform themselves of AMLP's Distributed Generation Interconnection Study to the extent applicable.
C.
Building permit and building inspection. No large-scale solar photovoltaic installation shall be constructed, installed or modified as provided in this Section 5.17 without first obtaining a building permit.
D.
Fees.
(2)
In addition, a review fee may be required by the Planning Board, which sum shall be based upon an estimate provided by the peer review engineer appointed by the Planning Board to review the project. The review fee shall be paid to the Town and deposited into a 53G Account prior to commencement of the hearing. Sufficient funds to compensate the Town's engineer shall remain in the account until final payment is made at the end of the process.
5.17.6 Site plan review.
The proponent is required to provide the Planning Board with the following application requirements and must obtain site plan approval from the Planning Board prior to construction, installation or modification as provided in this Section 5.17. No large-scale solar photovoltaic installation shall be added to, modified or changed without site plan approval from the Planning Board, and without first obtaining a building permit as may be required for such addition, modification or change.
A.
Application requirements. All plans and maps shall be prepared, stamped and signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts except to the extent that the applicant is exempt pursuant to MGL c. 112, § 81R, and/or a registered land surveyor, as the case may be.
(1)
A site plan showing:
(a)
Existing conditions on the site, including property lines and physical features, including existing grades, vegetation, roads, buildings, and other significant features.
(b)
Proposed changes to the site, including landscape, grading, vegetation clearing and planting, exterior lighting, screening vegetation or structures; a landscape plan (in plan view) identifying plant material to be used to screen all appurtenant structures and identifying plant material or fencing to be used to satisfy the requirement for a buffer between installation and property edge as per § 5.17.8C, and structures.
(c)
Schematic or blueprints of the solar photovoltaic installation signed by a professional engineer licensed to practice in the Commonwealth of Massachusetts, except to the extent that the applicant is exempt pursuant to MGL c. 112, § 81R, showing the proposed layout of the structures and any potential shading from nearby structures.
(d)
Schematic or outline electrical diagram showing proposed solar panels and associated components, and electrical interconnection methods, with all Massachusetts Electrical Code compliant disconnects and overcurrent devices.
(e)
Documentation of the major system components to be used, including the photovoltaic panels, mounting system, and inverter.
(f)
Name, address, and contact information for proposed system installer.
(g)
Name, address, phone number and signature of the project proponent, as well as all co-proponents or property owners, if any.
(h)
Name, contact information and signature of any agents representing the project proponent, if any.
(2)
Documentation of actual or prospective access and control of the project site sufficient to allow for construction and operation of the proposed solar photovoltaic installation.
(3)
An operation and maintenance plan, which shall include measures for maintaining safe access to the installation, stormwater controls, and general procedures for operational maintenance of the installation.
(4)
Proof of liability insurance in an amount sufficient to cover loss or damage to persons and structures occasioned by the failure of the facility.
(5)
Payment of financial surety that satisfies § 5.17.11C.
(6)
Other reasonable documentation requested by the Planning Board.
5.17.7 Design standards.
A.
Dimensional and density requirements setbacks. For large-scale ground-mounted solar photovoltaic installations, front, side and rear setbacks and lot coverage shall be as follows:
(1)
Front yard. The front yard depth shall be at least 40 feet; provided, however, that where the lot abuts the front yard shall not be less than 50 feet.
(2)
Side yard. Each side yard shall have a depth at least 25 feet; provided, however, that where the lot abuts the side yard shall not be less than 50 feet.
(3)
Rear yard. The rear yard depth shall be at least 25 feet; provided, however, that where the lot abuts a the rear yard shall not be less than 50 feet.
(4)
Lot coverage. For purposes of determining compliance with lot coverage standards of the underlying zone (See Schedule of Dimensional Regulations[1]), the total surface area of all ground-mounted and freestanding solar collectors, including solar photovoltaic cells, panels, and arrays, shall be considered impervious and as structures. The horizontal area projected on the ground surface of a ground mounted system, regardless of the mounted angle, the areas of buildings and accessory structures, and other impervious surfaces shall be calculated as part of the overall lot coverage.
(5)
When a proposed large-scale ground-mounted solar photovoltaic installation does not abut a residential zoning district or use, the Planning Board may waive the above dimensional requirements for front, side and rear yard setbacks as provided in § 5.17.10, Waivers. In no case, however, shall the front, side or rear yard setback be less than 10 feet.
B.
Lighting. Lighting of solar photovoltaic installations shall be consistent with local, state and federal law. Lighting of other parts of the installation, such as appurtenant structures, shall be limited to that required for safety and operational purposes, and shall be reasonably shielded from abutting properties. Lighting of the solar photovoltaic installation shall be directed downward and inward and shall incorporate full cut off fixtures to reduce light pollution.
C.
Signage. Solar photovoltaic installations shall not be used for displaying any advertising except for reasonable identification of the manufacturer. Signage identifying the owner and/or operator of the solar installation and a twenty-four-hour emergency contact telephone number shall be provided at all points of access. In all other respects, any signs shall comply with the applicable requirements of the underlying zoning district.
D.
Utility connections. Reasonable efforts, as determined by the Planning Board, shall be made to place all utility connections from the solar photovoltaic installation underground, depending on appropriate soil conditions, shape, and topography of the site and any requirements of the utility provider. Electrical transformers for utility interconnections may be above ground if required by the utility provider.
E.
Appurtenant structures. All appurtenant structures to large-scale ground-mounted solar photovoltaic arrays shall conform to the setback requirements of the zoning district in which the installation is located. All such appurtenant structures, including, but not limited to, equipment shelters, storage facilities, transformers, and substations, shall be architecturally compatible with each other. Whenever reasonable, structures should be shaded from view by vegetation and/or joined or clustered to avoid adverse visual impacts.
5.17.8 Safety and environmental standards.
A.
Emergency services. The large-scale solar photovoltaic installation owner or operator shall provide a copy of the project summary, electrical schematic, and site plan to the local Fire Chief and AMLP. Upon request, the owner or operator shall cooperate with local emergency services in developing an emergency response plan. All means of shutting down the solar photovoltaic installation shall be clearly marked. The owner or operator shall provide the name, phone number, and email of the person responsible for public inquiries throughout the life of the installation.
B.
Land clearing, soil erosion and habitat impacts. Clearing of natural vegetation shall be limited to what is necessary for the construction, operation and maintenance of the large-scale ground-mounted solar photovoltaic installation or otherwise prescribed by applicable laws, regulations, and bylaws.
C.
Landscaped buffer strip. A landscaped buffer strip is intended to provide in a reasonable time a visual barrier between the large-scale ground-mounted solar photovoltaic installation and adjacent parcels. Except for vehicular and pedestrian passways, the areas shall be used only for an interplanting of deciduous and evergreen trees and shrubs, with lawn or other suitable and appropriate ground cover. The buffer must provide coverage of three feet in height from the proposed grade to the top of the majority of the planting material at time of installation. Reasonable leeway may be provided by the Planning Board to allow for expected growth of the buffer strip over time. The buffer strip shall occupy at least 20% of the depth between the property line and the mandated setback of the zoning district where the installation is located. Where considered appropriate in the judgment of the Planning Board, walls and fences may be used in addition to in lieu of plantings. A planting plan showing the types, sizes and locations of material to be used shall be subject to the approval of the Planning Board. The Planning Board may waive the requirements of the visual barrier where it deems it advisable.
5.17.9 Monitoring and maintenance.
A.
Installation conditions. The large-scale ground-mounted solar photovoltaic installation owner or operator shall maintain the facility in good condition. Maintenance shall include, but not be limited to, painting, structural repairs, and integrity of security measures. Site access shall be maintained to a level acceptable to the local Fire Chief, AMLP and Emergency Medical Services. The owner or operator shall be responsible for the cost of maintaining the solar photovoltaic installation and any access road(s), unless accepted as a public way.
B.
Modification conditions/change in ownership or operator.
(1)
Any material modifications to a solar photovoltaic installation made after issuance of the required building permit shall require approval by the Planning Board, and AMLP as the case may be.
(2)
If the owner and/or operator of a large-scale ground-mounted solar photovoltaic installation changes, written notice shall be given to the Planning Board and AMLP within 30 days of such change, and such notice shall include the contact information for the new owner/operator and the effective date of the change.
5.17.10 Waivers.
A.
The Planning Board may waive strict compliance with any requirement of the design standards, safety and environmental standards section of this bylaw, or any rules and regulations promulgated hereunder, where:
B.
Any applicant may submit a written request to be granted such a waiver. Such a request shall be accompanied by an explanation or documentation supporting the waiver request and demonstrating that strict application of the bylaws does not further the purposes or objectives of this bylaw.
C.
All waiver requests shall be discussed and voted on by the Planning Board.
D.
If the Planning Board deems additional time or information is required in the review of a waiver request, the Planning Board may continue the request for a waiver until such time as the Planning Board deems it is ready to vote on said request.
5.17.11 Abandonment or decommissioning.
A.
Removal requirements. Any large-scale ground-mounted solar photovoltaic installation which has reached the end of its useful life or has been abandoned shall be removed. The owner or operator shall physically remove the installation no more than 150 days after the date of discontinued operations. The owner or operator shall notify the Planning Board by certified mail of the proposed date of discontinued operations and plans for removal. Decommissioning shall consist of:
(1)
Physical removal of all large-scale ground solar photovoltaic installations, arrays, structures, equipment, security barriers and above-ground transmission lines from the site, if any.
(2)
Disposal of all solid and hazardous waste in accordance with local, state, and federal waste disposal regulations.
(3)
Stabilization or revegetation of the site as necessary to minimize erosion. The Planning Board may allow the owner or operator to leave landscaping or designated below-grade foundations in order to minimize erosion and disruption to vegetation.
B.
Abandonment. Absent notice of a proposed date of decommissioning or written notice of extenuating circumstances, the solar photovoltaic installation shall be considered abandoned when it fails to operate for more than one year without the written consent of the Planning Board. The AMLP shall have the right of first refusal as to whether it will choose to assume responsibly for the abandoned solar operation. If the AMLP chooses to forgo such responsibility and assume the operation, and the owner or operator of the large-scale ground-mounted solar photovoltaic installation fails to remove the installation in accordance with the requirements of this section within 150 days of abandonment or the proposed date of decommissioning, the Town may enter the property and physically remove the installation.
C.
Financial surety. The Planning Board shall require the applicant for a large-scale ground-mounted solar photovoltaic installation to provide a form of surety, either through the Planning Board or AMLP before construction to cover the estimated cost of removal as set forth herein. If setting up a surety with the Planning Board, the form of surety must be either through escrow account, bond or otherwise, to cover the cost of removal in the event the Town must remove the installation and remediate the landscape, in an amount and form determined to be reasonable by the Planning Board, but in no event to exceed more than 125% of the cost of removal and compliance with the additional requirements set forth herein, as determined by the project proponent. Such surety will not be required for municipally- or state-owned facilities. The project proponent shall submit a fully inclusive estimate of the costs associated with removal, prepared by a qualified engineer. The amount shall include a mechanism for calculating increased removal costs due to inflation or otherwise due to a cost of living adjustment.
5.18.1 Purposes.
A.
To provide for the limited establishment of adult use marijuana facilities (collectively, known hereafter as "marijuana facilities") in appropriate places for such use and under conditions in accordance with Chapter 334 of the Acts of 2016, entitled, "Regulation and Taxation of Marijuana Act," as amended by Chapter 55 of the Acts of 2017, "An Act to Ensure Safe Access to Marijuana," and all regulations which have or may be issued by the Department of Public Health ("DPH") and the Cannabis Control Commission ("CCC"), including, but not limited to, 935 CMR 500.00 et seq.
B.
To minimize the adverse impacts of marijuana facilities on adjacent properties, residential neighborhoods, schools, and other land uses potentially incompatible with marijuana facilities.
C.
To regulate the siting, design, placement, safety, monitoring, modification, and removal of marijuana facilities.
5.18.2 Applicability.
A.
The commercial cultivation, production, processing, assembly, packaging, retail sale or wholesale, trade, distribution or dispensing of marijuana for adult use is prohibited unless licensed by all applicable Massachusetts licensing authorities and permitted as a marijuana facility under this Bylaw.
B.
No marijuana facility shall be established except in compliance with the provisions set forth herein.
C.
If any provision of this Section 5.18 or the application thereof to any person, establishment, or circumstance shall be held invalid, such invalidity shall not affect the other provisions or application of this Section 5.18 and to this end the provisions of this Section 5.18 are severable.
5.18.3 Administration.
A.
The Board of Selectman shall be the special permit granting authority (SPGA) for an applicant for a marijuana facility.
B.
A special permit is required for marijuana facilities where indicated on § 3.1.2, Schedule of Use Regulations, under the Ashburnham Zoning Bylaws.[1]
[1]
Editor's Note: The Schedule of Use Regulations is included as an attachment to this chapter.
5.18.4 Definitions.
Any term not specifically defined herein shall have the meaning as defined in 105 CMR 725.00 and 935 CMR 500.00 as such regulations may from time to time be amended.
Any and all persons whose names appear on the special permit and formal site plan approval applications as the applicant's designee.
An entity licensed by the Commonwealth of Massachusetts to test marijuana and marijuana products.
An area equipped with locks or other security devices, which is accessible only to consumers 21 years of age or older, employees or owners of a marijuana facility or agents thereof, registered qualifying patients that are 18 years or older, or caregivers.
An entity licensed to cultivate, process and package marijuana, and to transfer marijuana to other marijuana facilities, but not to consumers.
A commercial marijuana cultivator, independent testing laboratory, product manufacturer, research facility, transporter, retailer, or any other type of licensed marijuana-related business, excluding a marijuana treatment center.
Marijuana that is regulated by 925 CMR 500.00 and cultivated, processed, manufactured, transported or sold for recreational purposes for individuals 21 years of age or older.
An entity licensed to obtain, manufacture, process and package marijuana and marijuana products and to transfer these products to other marijuana facilities, but not to consumers.
Products that have been manufactured and contain marijuana or an extract from marijuana, including, but not limited to, concentrated forms of marijuana and products composed of marijuana and other ingredients that are intended for use or consumption, including edible products, beverages, topical products, ointments, oils and tinctures.
An entity licensed to purchase and transport marijuana and marijuana products from marijuana facilities and to sell or otherwise transfer marijuana and marijuana products to marijuana facilities and to consumers.
Any marijuana that is not regulated by 105 CMR 725.00 and designated and restricted for use by, and for the benefit of, qualifying patients in the treatment of debilitating medical conditions.
5.18.5 Application requirements for all marijuana facilities.
A.
All marijuana facilities shall be subject to the application requirements set forth in the Town of Ashburnham's Zoning Bylaw, Section 5.7, Site Plan Review and Approval.
B.
In addition to the application requirements for site plan review and approval, a special permit for a marijuana facility shall be required, and the application for such special permit shall include the following additional information:
(1)
A statement from the applicant, setting forth the following:
(a)
The name and address of each owner of the facility;
(b)
The source of all marijuana that will be sold or distributed at the marijuana facility, if applicable;
(c)
The source of all marijuana that will be cultivated, processed, and/or packaged at the marijuana facility, if applicable;
(d)
The quantity of marijuana that will be cultivated, processed, packaged, sold and/or distributed at the marijuana facility;
(e)
Plans must be approved by the Ashburnham Chief of Police and must show all proposed security measures for the marijuana facility, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft;
(f)
Evidence that the applicant has site control and the right to use the site for a facility, which evidence may take the form of a deed or valid purchase and sale agreement; or, in the case of a lease, a notarized statement from the property owner and a copy of the lease agreement;
(g)
A management plan that includes a description of all activities to occur on site, including all provisions for the delivery of marijuana and related products to and from the marijuana business;
(2)
Additional documentation depending upon the type of organization:
(a)
For a nonprofit organization, a copy of its Articles of Organization, a current Certificate of Legal Existence from the Secretary of the Commonwealth, and the most recent annual report;
(b)
For a for-profit corporate entity, a copy of its Articles of Incorporation or equivalent documents, a current Certificate of Legal Existence from the Secretary of the Commonwealth, and the most recent annual report.
(3)
Copies of all licenses issued by the CCC or DPH, and any materials submitted to these entities by the applicant for purposes of seeking licensing;
(4)
A detailed floor plan of the premises of the proposed marijuana facility that identifies the square footage available and describes the functional areas of the facility; and
(5)
The resume(s) of the applicant's principal(s), a company history, references, and relevant experience, where applicable.
5.18.6 Use requirements.
A.
No marijuana shall be smoked, eaten, or otherwise consumed or ingested on the premises of any marijuana facility.
B.
Marijuana facilities shall provide the SPGA and all abutters located within 500 feet of the marijuana facility with the name, phone number and email address of an on-site community relations staff person to whom one can provide notice if there are operating problems associated with the establishment.
C.
The hours of operation of retail marijuana facilities shall be set by the SPGA.
5.18.7 Location and physical requirements.
A.
B.
All aspects of a marijuana facility relative to the acquisition, cultivation, possession, processing, sales, distribution, dispensing, or administration of marijuana, products containing marijuana, related supplies, or educational materials must take place at a fixed location within a fully enclosed building and shall not be visible from the exterior of the business.
C.
No outside storage of marijuana, related supplies, or educational materials is permitted.
D.
No retail marijuana facility shall have a gross floor area accessible to patients or customers which is in excess of 2,500 square feet. Space which is dedicated to administration or operations and is accessible only to employees of the retail marijuana facility shall not be included in this limitation.
E.
In the R-A and R-B Districts, all marijuana facilities shall be subject to siting on a parcel no less than five acres. In addition, all marijuana facilities in the R-A and R-B Districts shall be subject to a 100-foot setback from the street lines and property lines on the front, side and rear.
G.
No use shall be allowed at a marijuana facility which creates a nuisance to abutters or to the surrounding area, or which creates any hazard, including, but not limited to, fire, explosion, fumes, gas, smoke, odors, obnoxious dust, vapors, offensive sound or vibration, flashes, glare, objectionable effluent or electrical interference, which may impair the normal use and peaceful enjoyment of any property, structure or dwelling in the area.
H.
No marijuana facility shall be located within 500 feet of a preexisting public or private school providing education in kindergarten or any of the grades one through 12, nor shall any such facility be located within 300 feet from a public park or playground. The distance shall be measured as set forth under 935 CMR 500.110(3), in a straight line from the nearest point of the property line in question to the nearest point of the property line where the marijuana facility is or may be located.
I.
Natural or man-made features which in the opinion of the SPGA and the Planning Board provide equivalent separation may be substituted for the 500-foot buffer.
J.
No marijuana facility shall be located inside a building containing residential units, including transient housing such as motels and dormitories, or inside a movable or mobile structure such as a van or truck.
K.
Signage for marijuana facilities shall be subject to the Town of Ashburnham Zoning Bylaw Section 5.2 and the provisions for marketing set forth in 935 CMR 500.105(4).
5.18.8 Reporting requirements.
A.
All permit holders for uses under this Section 5.18 shall provide the Police Department, Fire Department, Building Commissioner, Board of Health, Planning Board, and special permit granting authority with the names, phone numbers, mailing and email addresses of all management staff and key-holders, including a minimum of two operators or managers of the facilities identified as designated contact persons to whom notice should be made if there are operating problems associated with any use under this Section 5.18. All such contact information shall be updated as needed to keep it current and accurate.
B.
The designated contact persons shall notify the Police Department, Fire Department, Building Commissioner, Board of Health, Planning Board, and special permit granting authority in writing a minimum of 30 days prior to any change in ownership or management of a facility regulated under this Section 5.18.
C.
All marijuana facilities shall file an annual report with the permit granting authority and owner or operations manager for the marijuana facility shall appear before said authority to present the report no later than January 31 of each year, providing a copy of all current applicable state licenses to demonstrate continued compliance with the conditions of the permit.
D.
Within 24 hours of contact by a municipal official concerning the operation of a marijuana facility, the designated contact persons shall be required to respond by phone or email to any such inquiry.
5.18.9 Transfer or discontinuance of use.
A.
A permit granted under this Section 5.18 is nontransferable and shall have a term limited to the duration of the applicant's ownership or leasing of the premises as a marijuana facility.
B.
Any marijuana facility permitted under this Section 5.18 shall be required to remove all material, plants, equipment and other paraphernalia upon registration or licensure revocation, expiration, termination, relocation to a new site or any other cessation of operation as regulated by the CCC or DHP in compliance with applicable state regulations.
5.18.10 Outside consultants and review fees.
Applicants may be required to pay reasonable fees for the employment of outside consultants, which may include legal counsel. Said fees shall be deposited into a special account and shall be maintained and expended in accordance with the rules promulgated by the respective permit granting authority and the applicable law, MGL c. 44, § 53G.
5.18.11 Findings.
The SPGA shall not issue a permit for a marijuana facility unless it finds that:
A.
The facility is designed to minimize any adverse visual impacts on abutters and other parties in interest, as defined in MGL c. 40A, § 11;
B.
The facility has received a provisional certificate of registration or provisional license from the appropriate licensing authority and is in compliance with all applicable state laws and regulations;
C.
The applicant has provided a copy of a signed host agreement with the Town of Ashburnham, in accordance with MGL c. 94G, § 3(d);
D.
The applicant has provided adequate security measures to protect the health and safety of the public, and that the storage and/or location of cultivation of marijuana is adequately secured in an enclosed, locked area;
E.
The applicant has adequately addressed issues of vehicular and pedestrian traffic, circulation, parking and queuing, especially during peak periods at the facility; and
F.
A special permit (when required) had been granted.
5.18.12 Violations.
Any violation of this Section 5.18 shall be determined by the Board of Selectmen and may include but not be limited to revocation of a permit issued under this Section 5.18.